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Discussion in 'Georgia In the News' started by NTA, Mar 26, 2018.
How can he sue the homeowner? She should not have shot through the door but I can not say I would not do the same if there was an intruder in my house.
she probably has some household liability insurance that just may cover such a thing
Liability for what? He was a contractor, contracted by a third party unbeknownst to the owner. He was an intruder at the time.
I use to do pest control for a few people with a "key account". I call and leave a message I was coming, get the key out of the office and go. I knocked repeatedly and loud rang door bell twice then upon opening the door I yelled who I was. This guy, from the article, got the key opened the door and proceeds to enter house. If anyone was negligent it was him.
I was answering your question "how can he sue"
his lawyer is hunting money from all involved
I did not say whether I thought he has a case or not. Guess we will see.
Keep this lawsuit in mind when somebody tells you that unless you're charged with a crime in how you used your gun in what you claim is self defense, you are IMMUNE from a civil suit.
Thats a myth and a great overstatement of the tort reform law that's actually on the books.
And, I dont think this was a good shoot anyway. She knew her home was for sale and a key box was on her front door to allow easy access for various people involved in resl estate or supporting endeavors.
She should have verbally challenged the "intruder" and taken that risk for the sake of public safety.
It would not surprise me for the homeowner to lose to some degree. With the home being listed for sale and a lock box on the door, it is not out of the ordinary for a real estate agent to come by, possibly unannounced, with a client to show the house. I know he wasn't an agent who had a potential buyer, but the homeowner did not know this since she shot through a closed door. I think that there will be some negligence on her part for not identifying her target prior to shooting through a closed door. If the house was not on the market, and there was not a lock box outside allowing others to have access, I would have a different opinion. I think he has a case, potentially against all 3 defendants. Hers will be in not identifying her target as a threat.
IANAL. A lot hinges on the details. If he failed to announce himself, then I would say he was negligent in his duty of care in exercising his access rights and has no claim. If he did, then she is definitely negligent. He said, she said, I tend to believe her as why would she shoot somebody who announced themselves.
Female alone in house alarm going off no one announceing who they are and why they are there. If I was on the jury I would literally laugh at this guy. I would not want want my wife to wait and see if she might get rushed and miss a possible rapist in the house.
The smart thing to do when an alarm is going off, think maybe the homeowner was not notified sense you did not talk with them.
I guess we will see it there are any un reported facts, but based on what I read he owes her for the traumatic experience and a bullet.
I know I just think it is crazy to sue the homeowner. The company I can understand a little.
If it were a man at home then this would be a slam dunk for the photographer against the homeowner, even though he did not announce himself. But because it was a woman alone at home and the photographer is male it is not likely he will prevail. We shall see.
Georgia has castle doctine that provides immunity from civil suits if no charges are filed against the shooter, ie self defense. It's clearly stated. They might sue the real estate company, but good luck suing the homeowner.
And yeah, if I'm entering a house that's not mine for any reason, I'm knocking, ringing, yelling etc. To just enter without doing so is just plain stupid.
Wonder how many feminists are gonna be on the jury if it comes to that..
You can also require notifications before any showings, as in By Appointment Only. I would think the negligence would fall on the employer/Real Estate Company and the photographer for not verifying the new appointment. Especially with an alarm going off.
Even if I had been in the house working on it when going out to my truck to get an additional tool or what ever I announced it was I reentering the house. The photographer had no business being at an occupied residence without prior arrangement with the resident realtor or not approved.
This hits close to home in that I'm an appraiser and regularly enter folks homes by way of a lockbox. In addition, I'm required to access the interior of all homes if they are vacant, prior to foreclosure. I do yell and make noise, but I'm always a bit concerned.