In the event prosecutors, a judge or jury buy George Zimmerman's claim that he was acting in self-defense when he shot Trayvon Martin, Trayvon's family wouldn't be able to file a wrongful-death suit against Zimmerman. The way the Stand Your Ground law is worded, it would bar a civil suit as well. However, it turns out that someone may be liable--the Retreat at Twin Lakes Homeowners Association.
Exhibit A would be a newsletter sent by the association to residents in February, the same month as the shooting. It said Zimmerman was the go-to person for residents who had been the victims of a crime.
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."
That seeming endorsement of Zimmerman exposes the 7-year-old association to possible legal action by Martin's parents, homeowners association attorneys said.
Two HOA lawyers interviewed by the AP say that by designating Zimmerman the neighborhood watch captain, the HOA enabled his behavior and thus could be held liable for it. While I'm not a lawyer, it would seem that a halfway decent lawyer could also argue that the HOA should have known about Zimmerman's reckless use of 911.
And even if Zimmerman were convicted for Trayvon's death, the homeowners association would still be on the hook.
If Zimmerman were to be convicted of a crime, the door would likely be wide open to a lawsuit — Florida courts have held that homeowners associations can be held liable in wrongful-death cases.
A state appellate court in South Florida ruled seven years ago that a Miami homeowners association was partially at fault in the death of a visitor whose estranged husband entered the gated community and killed her.
According to central Florida real estate attorney Justin Clark, if such a suit were to be filed, the Martins would almost certainly win. The only question would be who would pay. Some HOA insurance policies are wide enough to cover any damages it could potentially have to pay. But if this HOA's insurance policy is only narrowly tailored or there's no policy at all, the HOA would likely have to pass the costs onto the members. In any event, this HOA's failure to keep Zimmerman under control could wind up being very costly.