The Trayvon Martin case involving the shooting of an unarmed teenager by George Zimmerman has captured national headlines and resulted in sharply polarized positions about the criminal charges pending against Zimmerman. There has been little discussion about the civil liability aspects of this tragedy. A growing number of communities are using neighborhood watch programs to supplement law enforcement efforts. When property owner associations authorize and endorse such programs they are potentially liable when innocent parties are injured or excessive force is used to prevent a crime.
Neighborhood watch programs typically use untrained residents to patrol for criminal activity. The lack of training and supervision of those who engage in these neighborhood watch programs can mean that mistakes are made resulting in shootings, physical injury in fights or other injuries resulting from the use of force by a resident who is patrolling as part of a neighborhood watch program. While liability rules vary based on state law, someone who is injured or dies because of the negligent or wrongful conduct of a homeowner’s association in establishing, training or supervising neighborhood watch activities may have the right to pursue a personal injury or wrongful death lawsuit.
Although most homeowner’s associations have errors or omissions insurance policies to cover lawsuits against POA board members, this coverage typically would not cover neighborhood watch activities. This could mean that when a neighborhood watch program causes injury to someone, the homeowners might each face an individual assessment to cover the cost of liability from the negligent or intentional acts of a member of the neighborhood watch program.
At the Nahon Firm, we recognize that while volunteerism in a homeowner association or condominium association is commendable, it is important to conduct due diligent to ensure that members of neighborhood watch programs are qualified and competent to be entrusted with participation in the program. A POA may also be liable if it fails to provide adequate training or clear policies about the use of force of varying degrees. At Barrett Law, our experienced Mississippi personal injury lawyers represent injury victims throughout Mississippi. If you are injured by someone engaged in neighborhood watch activities, our experienced Mississippi personal injury attorneys may be able to help you obtain compensation to cover medical bills, lost wages, pain and suffering and more. Our law firm has roots that reach back 75 years so contact us today for your free initial consultation at (662) 834-2376 to see how we can help.
