Ralph Yarl, 17, filed a civil suit in Clay County Court seeking monetary damages from Andrew “Dan” Lester, along with Lester’s homeowners’ association. The HOA failed to take precautions about a “potentially dangerous individual,” the lawsuit says.
They could be liable if, and only if they are proven to be be aware (or willfully ignorant) that the man’s general conduct/demeanor would indicate a proclivity to violence rather than him just being crotchety. Unfortunately, things like that can be hard to prove as they can require a lot of digging.
To me the key point was did the kid open the door? I’ve seen conflicting reports about it.
Also, I hate HOAs as much as anyone, but I have no idea how they are involved in this one.
He was shot through the glass storm door, which would have been outside the front door.
Perp opened the front door, saw the kid through the glass and shot him.
Not to mention, it’s incredibly common to open a storm door to knock. Even if he had opened it, that doesn’t show any ill intent.
They could be liable if, and only if they are proven to be be aware (or willfully ignorant) that the man’s general conduct/demeanor would indicate a proclivity to violence rather than him just being crotchety. Unfortunately, things like that can be hard to prove as they can require a lot of digging.