Who is liable for medical expenses of someone shot in a home? 18 Answers as of November 14, 2011
Someone was shot in one of my rental properties. The tenants say they know nothing about it. The father of the victim (who doesn't live on property) has an attorney and is seeking damages. He claims his son was enticed into the property by assailants.Free Case Evaluation by a Local Lawyer!
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Alfred Law Firm | Janice Alfred
I don't see how you can be held liable when all is said and done; but that does not prevent them from filing a claim against you. The question is, will a judge or jury hold you liable. I suggest you contact your insurance company to assist you in defending this claim.
Answer Applies to: Georgia
Replied: 11/14/2011
R. D. Kelly Law Firm, P.L.L.C. | Robert Kelly
Whoever pulled the trigger is legally liable for a resulting gunshot wound. Since shooting is an intentional act, insurance cannot cover it.
Answer Applies to: Washington
Replied: 11/14/2011
Lombardi Law Firm | Steve Lombardi
Let's assume the boy was enticed onto the property. I'm not sure I see how that matters if the property owner had nothing to do with the event. I would need to know the legal theory the victim's attorney is advancing to support the claim being made. Without that I or any other attorney would be guessing.
Answer Applies to: Iowa
Replied: 11/14/2011
Law Office of David Baum | David M. Baum
Depending on the circumstances, an owner may be held responsible for damages or injuries that occur to a person who comes onto the property. More facts are necessary to make a proper analysis of your liability. Consult an attorney.
Answer Applies to: California
Replied: 11/14/2011
Eftekhari Law Offices | Ehsan Eftekhari
If you had insurance, contact them immediately. Let them sort it out.
Answer Applies to: Illinois
Replied: 11/14/2011
The Margolis Firm | Charles J. Candiano
No opinion can be rendered on your limited facts. You should advise your insurance carrier immediately so they can investigate and defend any claim.
Answer Applies to: Illinois
Replied: 11/11/2011
Law Office of Russell D. Gray, PC | Russell D. Gray
For somebody to be liable, that person has to have done something wrong. You should speak with an attorney to determine if you were negligent in who was allowed into the rental property.
Answer Applies to: Utah
Replied: 11/11/2011
Law Offices of Steven A. Fink | Steven Alan Fink
You have no liability as the property owner if someone is shot on property occupied by your tenants. The assailants are liable, and possibly the tenants.
Answer Applies to: California
Replied: 11/11/2011
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Nothing in your post would make you liabe for what guests of your tenants or even your tenants did. You are just the deep money pockets. Should tell the attorney you believe his potential action is frivolous and could justify a suit for malicous prosecution.
Answer Applies to: California
Replied: 11/11/2011
Law Office of Michael E. Hendrickson | Michael E. Hendrickson
Well, so what if the claim(s) of the father are true, i.e., assailants (unknown?) lured his son onto the landlord's property where he was shot. Such facts in and of themselves should not make the landlord liable in civil damages for the son's injuries resulting from these shootings.
Answer Applies to: Virginia
Replied: 11/11/2011
Adler Law Group, LLC | Lawrence Adler
Simply because the incident happened on your property does not make you liable or responsible you must also be found to be negligent and that your negligence caused the injury. Based on your question you are not likely responsible. The party who did the shooting is responsible primarily.
Answer Applies to: Connecticut
Replied: 11/11/2011
Law Office of Joshua Pond | Joshua Pond
This question cannot be properly answered without additional details. A gunshot wound can lead to extensive costs and liability, so it is vitally important that you seek an attorney's guidance. If you feel there is any chance you could be held even partially responsible, it is very important that you have the assistance you need now and allow an experienced professional to begin advocating on your behalf.
Answer Applies to: Oregon
Replied: 11/11/2011
Counard & Heilmann Law Office | Michael Heilmann
A landlord who is not in control of the premises is not responsible unless there was a known failure of the locks. A criminal act is an unforseeable event.
Answer Applies to: Michigan
Replied: 11/11/2011
Link & Smith, P.C. | Houston Smith
The shooter is primarily responsible. If the tenants had any part in enticing the victim into the property, they may share some fault. Based on the facts as you have presented them, you as the owner do not appear to have any liability.
Answer Applies to: Georgia
Replied: 11/11/2011
Andrew T. Velonis, P.C. | Andrew Velonis
The assailant(s) are the ones who are liable. Property owners can be held liable for inadequate security, but under the circumstances you describe, that is a streach at best. Even so, you need to notify your liability insurance carrier if you have not already done so. They will defend you, even against frivolous claims and suits.
Answer Applies to: New York
Replied: 11/11/2011
Law Office of Mark J. Leonardo | Mark Leonardo
Certainly you bear no personal liability for this unless they try to claim that you did not have proper security and it is an area known to have criminal activity. You should, however, contact your insurance carrier. There may be a med-pay provision to cover medical expenses up to the limit of that provision (usually $5000) regardless of fault when someone is injured on your property.
Answer Applies to: California
Replied: 11/11/2011
Bernard Huff, Attorney/Mediator | Bernard Huff
Asthe landlord andproperty owner in this situation, you should at least consult with a property attorney for specific advice and assistance regarding any liability on your part.
Answer Applies to: Indiana
Replied: 11/11/2011
