The Trayvon Martin Case: The Liability Of Community Associations For A “neighborhood Watch”

The tragic death of 17-year-old Trayvon Martin is a vivid reminder to community associations that neighborhood watch programs, while intended to protect the community with the best of intentions, may also create major risks.

Even if George Zimmerman is protected from a civil lawsuit brought by the family of Trayvon Martin due by Florida’s self-defense law, the homeowners association where the deadly shooting took place may become a target of such litigation.

This is because the association assembled and/or endorsed a “Neighborhood Watch” group to monitor the community. The association also endorsed Mr. Zimmerman as the captain of the “Neighborhood Watch” and requested that residents notify him directly any time the police were called so that he would be aware of any community issues. By designating Mr. Zimmerman as the captain of the group, the association may have also agreed to take on liability for his actions while acting in this role of captain.

Ohio courts have held that when associations assume a duty, such as to protect its residents or secure the property, they may be held liable for any personal injury resulting from their negligence. Should an association take on the duty to secure its property by assembling and/or endorsing a neighborhood watch group, it must carry out that duty by providing a reasonable amount of protection in order to safeguard itself from liability.

Should an association be held liable for failing to protect or secure, its insurance policies and assets would be the target of collection efforts, and if insurance does not cover the entire award, associations may have to raise monthly assessments to cover the difference.

Many law enforcement agencies provide assistance to associations looking to promote neighborhood safety. It is essential that any neighborhood watch program not only work in conjunction with the proper authorities, but also understand and accept the extent of its responsibilities.

While the facts of this awful case play out, it is important that should a community association acknowledge a watch group, it should be on notice that neighborhood watch volunteers need to be supervised and trained, and working in cooperation with local police agencies.

If you have a neighborhood watch group, contact your insurance agent to ensure that your Association has adequate coverage should a member of the watch group be negligent in carrying out the duties prescribed as a watchperson volunteer.

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