Can't happen here, we live in a good gated community

[DaveH]

Man shot inside home sues his gated community | tennessean.com | The Tennessean

Man shot inside home sues his gated community

A resident in a gated community in Nashville who was shot in his home has sued his homeowners association and property management.

The Four Maples condominium complex in the Donelson area has a gate that requires residents to swipe a pass or remotely unlock it for visitors. But Marquette Weaver said in a lawsuit filed in Davidson County Circuit Court that the gate meant to keep non-residents out was not working in June and had been broken for a month prior. That’s when people broke into his home at 2 a.m. and shot him several times, Weaver said, and he’s seeking $750,000 in damages, saying the home invaders couldn’t have gotten near his Coursey Drive home.

Weaver’s attorney, James Harris, said Weaver’s health is now good, and he has no comment beyond the complaint. Betty Flinkow, property manager with the Westwood Management Corporation that manages the condo complex, said she hadn’t seen the lawsuit and has no comment.

According to Metro police, no arrests have been made in Weaver's shooting.

[DefensiveCarry.com]

[TucAzRider]

Everyone is out to blame someone else for what happens,.. NO MORE SUING!!!!... Take responsiblity for yourself..... . GRRRRRRRRRRRRRRRRrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrrr

[OMEGA2669]

Yeah... gates can be hopped over. It's not the home owners fault someone broke the rules and trespassed and shot you. Stand up for yourself. Defend yourself. Suing the homeowners association because the gate didn't keep them out... seriously?

[HotGuns]

Gated communitys make it safer for the criminal,because everyone thinks that it cant happen there and they dont have the mindset to deal with it.

[jumpwing]

As much as I hate HOAs (and I do hate them) I don't want to see this particular suit succeed. A legal decision that holds an HOA responsible for the safety of community members can easily be used to expand the scope of their legal power.

[retsupt99]

Gates and locks only make it inconvenient, not impossible...be prepared to defend yourself.

Stay armed...any time, any place...stay safe!

[Tom G]

Some people use any excuse to file a law suit. The lawyers are getting richer.

[farronwolf]

If a home owners association is going to charge the members of their community for services, maintenance or whatever else they can come up with for fees, they should provide the services or drop the association, and the fees that go along with it.

Do I think they should be held responsible for the guy getting shot, and victimized, no. Should they be forced to provide the stuff they are charging for, yep.

[Freedom Doc]

Are there any morons that actually believe a gated community is safer? I think it is arguably less safe (crooks might think you have more to protect), and getting in is completely trivial.

[TucAzRider]

If a home owners association is going to charge the members of their community for services, maintenance or whatever else they can come up with for fees, they should provide the services or drop the association, and the fees that go along with it.

Do I think they should be held responsible for the guy getting shot, and victimized, no. Should they be forced to provide the stuff they are charging for, yep.

HAHAHAHAHAHA.... Ya,. I agree they should provide something for the fee's they charge,..,.... That is why I don't live in one,. It was proposed not long ago, but most stood up and said "NO WAY!!"..

[Eirerogue]

While I agree that you shouldn't be lulled into any false sense of security by a gaed community, I think this guy has got some legal standing in the lawsuit.

If you're PAYING an HOA which covers maintenance to include a GATE, then the GATE should be operational and it is the job of the HOA to insure maintenance is accomplished.

Too many of these HOA's like to take money and offer little in return. I think he's got a case on contributory negligence by the HOA. Did they cause him to get shot? No. But they'll pay a price for their neglect.

I'm sure he's got a CONTRACT with the HOA on 'I pay, you provide'.
Should be interesting. I would look for the HOA insurer to settle this...and fairly quickly.

[Janq]

I think he has a leg to stand on.

Not to say nor imply (!) that the HOA is responsible for his security and safety as at his home.
Nor to say nor imply (!) that criminals cannot otherwise bypass gates be it climb over, drive through, tunnel under, land via para-glider or whatever.

But fact is if the gate was broken and allowed to go unrepaired for as long, which is unreasonable, and thus travel through the gate and into the community was left unchecked...AND...the HOA docs state that the gate would be managed and kept in good repair and it was as stated not done so, then I'd say he has a viable grievance.

Think what you want about gated communities.
But the bottom line is that they either state or imply security by way of being guarded and/or gated at their entry/exit points.
To have a non-functional gate is effectively breach of contract and it also is seen as an active invitation to criminals as they notice the normally closed & secure door is now broken and propped open.

There is no blame here.
And as to taking responsibility the HOA has taken on a responsibility which they actively shirked.

Frankly, if I were this homeowner I'd likely sue for breach of contract if not name them complicit in my losses/damages too.

- Janq specifically chooses to _not_ live in nor amongst gated communities, which are nothing but a come rob me indicator of status

[Bark'n]

Gated communitys make it safer for the criminal,because everyone thinks that it cant happen there and they dont have the mindset to deal with it.

A most excellent point! I agree on that.

A lot of sheep live in gated communities which is why there is almost an exclusive "It can't happen to me" attitude among most of the residents of gated communities.

When you are a and have a mentality then there is obvious no other choice but to sue the community when something bad happens.

Those people do not understand the whole concept of personal accountability. It's not their fault, it's just encoded in their genetics.

Now of course, this guy should not collect on his lawsuit, but he probably will. And next time it happens he'll likely be killed because I doubt if he has learned anything from this experience.

Maybe he has... but I'm not betting on it.

[Paco]

I disagree, HOA do make places more safe. I live in a nice area with an HOA..

Oh, wait a minute. Nope, I'm armed and trained which is why I am safe.

Nevermind, carry on.

I think the sheep mentality can be a bit dizzying at times. I don't care if I have armed guard patrolling the area, I am still responsible for what happens in my home, period!

[ccw9mm]

Weaver said, and he’s seeking $750,000 in damages, saying the home invaders couldn’t have gotten near his Coursey Drive home.

Yes, the home invaders could get near the home. In fact, they could get into it and whack him upside the head, even. Perhaps that should be evidence enough to dispel that bit of ignorance.

As far as the implication that gates keep out determined criminals and that since the gate was "mismanaged" (out) for a month that it was the HOA that caused his grief ... well, perhaps simply looking at a selection of articles form around the country's newspapers regarding actual home invasions would help dispel that bit of naivete.

He's living in a dream world. He's misinformed to a degree that might well get him killed, just like millions of folks. At minimum, he's now on a list of condition-white putzes who hasn't yet pulled the finger out. (In his case, he apparently has a silver spoon rattling around in there, as well.) And THAT naivete and ignorance is not someone else's fault. One would think this is so obvious it would be tossed out of court simply because the claim couldn't be true, ever.

Personal responsibility is a lost cause, in the USA.