Question
True to Our Word Burglar Alarm Company installed a state-of-the-art burglar system in High Art Galleries last year. Two nights ago, a burglar broke into
"True to Our Word" Burglar Alarm Company installed a state-of-the-art burglar system in High Art Galleries last year. Two nights ago, a burglar broke into the gallery by climbing through a skylight. He stole 20 paintings valued at overd $100,000. The skylight was not wired to the burglar alarm system. The gallery owners have found a safety expert who will testify that any professional would have wired the skylight and that failure to do so is a breach of the standard of care. However, when the alarm company installed the system, they had the gallery sign a contract that stated they would not be liable for any break-ins or thefts that occurred because of unprotected "windows, doors, or skylights." Is this a valid waiver of their duty? If the gallery owners signed this contract, are they now barred from suing the alarm company?
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