There may be several specific reasons that a person decides to pay for a home security system but all of those reasons can be covered by one umbrella truth: They want to be safe in their own homes. But what happens when a person pays to have a security system installed, and further pays each month to keep it going, but it does not work as advertised?
What happens when a person dies as a result of the security system not working correctly? Can the survivors file a wrongful death lawsuit? Let us take a look at a situation like this to see what happened. If you have lost a loved one due to the negligence or recklessness of a person or company, contact Law Offices of Fernando D. Vargas at 909-982-0707 for a free legal consultation.
The case of Elizabeth Frost
The case in question involved ADT, a well-known security company. Despite the fact that a system they had in place was supposed to alert the authorities if an alarm went off, two warnings and unanswered calls led them to “clear” a situation that was not clear at all. In fact, Elizabeth Frost died not from burns but from breathing in smoke and carbon monoxide.
Her family filed a wrongful death lawsuit against ADT on behalf of her son. They accuse the company of being deceptive, fraudulent, and in breach of the consumer protection act in their state. The lawsuit alleges that the security company was alerted that there was an issue in the home at 1:30 in the morning. First, they received an alarm that glass had been broken. Then they received an alarm that the main keypad in the home was in failure mode.
An employee of ADT then did what they were supposed to do – contacted Frost and her mother. However, when the calls were not answered, they did not call first responders as they were supposed to. Instead, they waited half an hour and cleared the call.
The lawsuit has been dismissed
Interestingly, the civil lawsuit has been dismissed by a local judge. According to said judge, the family did not offer enough evidence to support their need for relief. Without more information we cannot know why that is, but there are a few general legal theories that may be in play. First, there is no law that requires a person to help another person – unless said person has a special relationship or knowledge. There is no legal requirement to call for emergency help either.
Second, unless ADT made promises through their marketing materials or in their contract, they may not be able to be held responsible. In most cases, fault is limited to those who started the fire.
If you have been involved in an accident that was made worse or caused by someone failing to act then you may have a lawsuit. Contact Law Offices of Fernando D. Vargas at 909-982-0707 to learn more about duty to act and what happens when it is not followed up on.
