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Shooting Between Two Trespassers

The Facts

Non-resident individuals were playing cards outside, in the back of the insured’s apartment buildings. A fight ensued between the card players, leading to a gun fight. Victim shot in stomach; died one week later. Allegations that such activity was known to management.

Two weeks later, victim’s family came on-site and conducted a BBQ/Memorial in the back yard of the premises. Shots were fired at the group during a drive-by; no known injuries. Decedent’s family brought suit. Key issues involve status of victim (Trespasser? Invitee?) and allegations of evidence tampering.

Our Response

The insured received the following services:

  • Pre-Suit Legal Representation
  • Investigation - facts, status of victim and perpetrator; preservation of evidence (which became challenged due to allegations of evidence tampering)
  • Crisis Communications Support

Our Coverage

  • Pre-Suit Legal Investigation Services
  • Crisis Management
  • Crisis Communications
  • Open-Source Intelligence
  • Social Media Research into decedent Defense Costs for litigation
  • Defense Costs for litigation 

The Value

The value the insured received included:

  • Immediate investigation and establishment of attorney client privilege
  • Gathering of evidence for future litigation (very challenging)
  • Defense during litigation