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Tort/Negligence – Contract – Exculpatory Clause – Unfair Trade Practices – Emotional Distress – Fire Alarm (access required)

Bahringer v. ADT Security Services, Inc. The parties’ relationship was one of home security company and customer, i.e., contractual. It does not fit within either of the categories in which the S.C. Supreme Court has found that a special relationship (one marked by a professional duty or supervisor-supervisee) imposes extra-contractual duties. Plaintiff has not explained why defendant’s duties to a wheelchair-bound double amputee may be any different than they would be to an able-bodied customer. Therefore, plaintiff’s negligence action fails.

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