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Elsken v. Network Multi-Family Security Corp.
Oklahoma Supreme Court
838 P.2d 1007 (1992)
Patricia Ann Elsken contracted with Network Multi-Family Security Corporation (Network) (defendant) to have a security-alarm system installed in her apartment. The contract limited Network’s liability for losses due to system failures and contained an indemnification clause in which Elsken agreed to hold Network harmless for such failures. When the alarm sounded in Elsken’s apartment to signal the presence of an intruder, Network failed to respond. Elsken’s murdered body was later found inside the apartment. Jimmie Elsken (plaintiff), as administrator of Patricia Ann’s estate, sued Network in federal court. The court certified questions to the Oklahoma Supreme Court as to the enforceability of limitation-of-liability and indemnification clauses in the Network-Elsken contract.
Rule of Law
Holding and Reasoning (Hargrave, J.)
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