In a recent court case, the Estate of an individual who was murdered through the use of a firearm sought to recover damages against the parents of the adult son who committed the murder. Most likely, the goal was to obtain coverage under some type of homeowners insurance for the damages sustained as a result of the actions of the adult son. The court granted summary judgment for the parents since there was no proof offered by the Estate that the parents had any ability to control the weapon or to control their adult son who used the weapon. Since there was no evidence of this type of control, the court determined that the parents lacked any duties to third parties who might be injured through the use of that weapon.
All too often people are left without compensation due to the facts of the particular case. One injury can result in adequate compensation for the injured party while another injury can leave a person with no way to pay medical bills or recover the loss in wages they received. It can be a reminder to try to minimize the instances where you expose yourself. Steps such as making sure you have adequate uninsured and underinsured automobile insurance so if a person who causes you damage does not have adequate insurance you can protect yourself. Also, make sure you have full tort insurance on your car so you can recover your non-economic damages. Although these steps would not have helped in the above situation, it will go a long way towards minimizing risks.