To be able to SUCCESSFULLY sue the HOA, the Estates would have to prove, among other things, that 1) the HOA owed some sort of legal duty to the Dermonds, 2) that the HOA was negligent in carrying out its duty and 3) the breach of its duty was the proximate cause of the deaths.
While I am not aware of the specifics of Georgia law, normally the criminal act of a third party negates any negligence of another party (HOA) unless the criminal act was reasonably foreseeable.
Now when a landowner leads another to believe that the landowner has taken steps to provide a safe environment for another, and the landowner is negligent is providing that measure of safety, that can give rise to liability in some cases. Also, if a landowner has knowledge that criminals frequent his property, he may have a duty to warn, but usually not a duty to protect.
Based upon what I have read in the posts here and in the MSM, I am aware that something about the GW security was not working. The HOA, even if it undertook to provide security, probably does not have a legal duty to ensure the neighborhood is safe at all times. It probably did have a duty to warn its residents if security was down for an extended time. I believe I read somewhere that happened, but I may be wrong. Also, if it undertakes to provide security, it must do so in a reasonable manner (in other words, don't hire escaped felons as guards -- NOT SAYING IT DID, JUST AN ABSURD EXAMPLE).
Also, in order to hold someone liable for negligence, the injury that resulted must be foreseeable. Theft from unsecured property is likely foreseeable. A double murder, not committed in the course of a robbery, is most likely not foreseeable.
Finally, the damages in a wrongful death lawsuit are based upon the economic injury the survivors of the decedent have suffered. Quite bluntly, the life of a 40 year-old oncologist is worth far more than the life of an 88 year-old. The oncologist would be expected to produce significant economic benefits for his surviving spouse/family over a normal life span, while an 88 year-old is probably at the twilight of his/her economic productivity. Recovery for the emotional loss suffered by the survivors is normally not recoverable, especially where the defendant in a wrongful death suit would be a landowner on whose property the death occurred. If the actual murder(s) were sued, the family might recover under an intentional infliction of emotional distress theory due to the beheading, but this could not be a basis for liability of the HOA; only the actual murder(s).
Hope this helps.
illowfight2:
