Focus in Trayvon Martin Story Shifts to Wrongful Death Lawsuit

by Carmen Dellutri on April 23, 2012

Fort Myers accident lawyerNow that criminal charges have been filed against George Zimmerman, many suspect that Trayvon Martin’s parents will begin to consider a civil lawsuit. As we previously discussed on this blog, Trayvon’s parents could pursue a wrongful death lawsuit against both Zimmerman and his neighborhood's homeowners association for the mental pain and suffering caused by their son’s death.

Florida courts have previously held that homeowners associations can be held liable in wrongful death cases. A Miami homeowners association was partially liable in the death of a visitor whose estranged husband entered the gated community and killed her.

A newsletter sent by the association to residents in February, the same month as the shooting, also supports the liability of the Retreat at Twin Lakes homeowners association. It alerted residents that Zimmerman should be contacted in the event of a crime in the neighborhood. Under the heading “Neighborhood Watch,” the newsletter’s message recommended that residents first call police and then “please contact our Captain, George Zimmerman ... so he can be aware and help address the issue with other residents.”

The newsletter shows that the HOA condoned Zimmerman’s role as the neighborhood watch coordinator and can be used as evidence that the association should be held liable for Trayvon’s death. In addition, given the HOA’s insurance policies and assets, Trayvon’s parents would likely be more successful in pursuing damages against the association rather than Zimmerman.

Source: New York Daily News

The Dellutri Law Group is focused on making bad situations better and putting lives back together. If someone you love has been killed by someone else’s negligence, you may be entitled to compensation.

To learn more about your legal options, contact our experienced Cape Coral injury attorneys for a free consultation. 

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