Florida HOA sued by family of victim in Airbnb triple homicide
- Thread Starter justblue
- Start date
adjusterjack
Moderator
Tragedy, terrible loss. My heart goes out to them.
But
Gee, let's sue the gun manufacturer, the Sheriff, and the criminal justice system for turning this lunatic loose.
None of the listed defendants have any liability for a lunatic shooting people.
This is a bullshit lawsuit filed for public sympathy and go-away money from some deep-pockets insurance company.
But
Gee, let's sue the gun manufacturer, the Sheriff, and the criminal justice system for turning this lunatic loose.
None of the listed defendants have any liability for a lunatic shooting people.
This is a bullshit lawsuit filed for public sympathy and go-away money from some deep-pockets insurance company.
I agree. I can't see how the HOA has any liability.
What is really sad is that had this mentally ill man been placed in a secured treatment center, these 3 men would be at home with their families.
army judge
Moderator
A very troubling, humbling, tragic event. The sadistic, evil, savage beast is likely suffering from a debilitating mental illness.
Tax Counsel
Moderator
I see it rather differently. I'd want more details before deciding just how viable the lawsuit is. However, just based on the news article, it is not ridiculous to say the HOA had a duty to at least warn the short term renters of the neighbor's violent history. It knew the man had problems, and I don't see anything in the article that indicates that the HOA did anything at all to help reduce the risk. Particularly if the HOA had any role in the short term rental process (accepting applications, collecting rent, etc) it would have at least had that duty to warn. The plaintiff is probably exaggerating the duty required, which isn't surprising at this stage of the lawsuit. You always start by laying out all the potential failures of the defendant and then refine the trial strategy as discovery proceeds and you learn more about the entire situation. Just based on the article, this is not a case that my firm would outright reject. At the very least there does seem to be some merit to a claim that the HOA is liable for its failure to warn the victims.
Red Kayak
Well-Known Member
I'm surprised the HOA allowed short term rentals in the first place.
zddoodah
Moderator
Even if we assume the facts in the article are true, there are lots of unknowns:
1. Did the HOA allow short term rentals?
2. Regardless of the answer to #1, did the HOA know about the rental at issue?
3. If the answer to #2 is yes, what exactly was known?
4. Did the HOA have the renters contact info?
5. Do the CC&Rs say anything relevant?
The notion that the HOA "should have provided 'security personnel, monitored cameras, or[]access control'" is absurd. IF the HOA had specific knowledge of this rental and the means to contact the guests, then I would buy into an argument that a duty to warn existed.
IMO, the better target would be the actual homeowner.
1. Did the HOA allow short term rentals?
2. Regardless of the answer to #1, did the HOA know about the rental at issue?
3. If the answer to #2 is yes, what exactly was known?
4. Did the HOA have the renters contact info?
5. Do the CC&Rs say anything relevant?
The notion that the HOA "should have provided 'security personnel, monitored cameras, or[]access control'" is absurd. IF the HOA had specific knowledge of this rental and the means to contact the guests, then I would buy into an argument that a duty to warn existed.
IMO, the better target would be the actual homeowner.
Tax Counsel
Moderator
As we bth have noted there's a lot of information we don't know. Normally it would be the actual homeowner I'd look to first as well. But the fact that they are suing the HOA suggests to me that this HOA may have had a direct role in the rentals. For example, in the resort areas not far from me there are some HOAs in which most of the business is short term rentals. The HOAs were organized by the owners to do more than just the usual things that HOAs are known for doing. The HOAs were also the rental agents for the homes in the HOA. They market the rentals, the rental agreements are made with the HOA instead of the individual owner, the HOA takes on the job of maintaining the homes and turning them over in between rentals, etc. If the situation in the article happened in one of those HOAs then the HOA would be a good a target of the lawsuit, though I'd include the owner too.
In any event, I don't think this is a situation where it's obvious that the HOA has no liability and that suing the HOA is a totally friviolous or ridiculous thing to do.
army judge
Moderator
I've wondered (for decades) HOW and WHY weapons AKA GUNS, FIREARMS, FIRESTICKS, are able to ATTACK innocent, unsuspecting human beings?
Those pieces of weaponry appear to be INANIMATE OBJECTS, yet somehow they maim and kill unsuspecting, trusting human beings.
Those pieces of weaponry appear to be INANIMATE OBJECTS, yet somehow they maim and kill unsuspecting, trusting human beings.
