Some housing agencies employ security personnel directly or through third-party services to ensure resident safety. However, these personnel can face complex and tragic situations requiring difficult decisions, as highlighted in a recent wrongful death lawsuit in Ohio in which a police officer employed by a public housing authority (PHA) fatally shot a man, claiming self-defense.
The case, defended by HAI Group, emphasizes the importance of thorough investigations and the necessity of appropriate insurance coverage tailored to your agency’s risk profile.
Case details
The plaintiff, the deceased's mother, filed a wrongful death lawsuit alleging that a police officer employed by an Ohio housing authority shot and killed her unarmed son. She sought damages exceeding $500,000. The officer claimed the man turned towards him with a gun after exiting a vehicle, prompting him to fire in self-defense. HAI Group, the insurer of the PHA, defended the lawsuit based on the officer’s status as a PHA employee.
Testimony varied among witnesses. Some claimed the man was unarmed when he exited the vehicle, though upon cross-examination by HAI Group’s defense team, it was revealed they had only seen the upper part of his body as he first interacted with the officer.
Forensic evidence played a crucial role in the defense. A gun with the deceased’s DNA was found near his hand after he collapsed following a foot chase. Police officers observed the gun near the body before securing, photographing, and inspecting the firearm. An autopsy confirmed a gunshot on the man’s side near the back of his body. Testimony from a doctor noted that one of the ways the bullet could have entered that part of the body would be if the man pointed the gun at the officer, prompting the officer to shoot before the man turned and began to flee.
Case outcome
Based on DNA evidence and expert testimony, the judge granted HAI Group’s motion for summary judgment, bypassing a trial. The plaintiff is currently appealing the case.
Key insights
This case underscores the need for housing agencies to review insurance coverage, especially for activities involving law enforcement. Standard general liability policies often do not cover law enforcement activities. HAI Group provides specialized law enforcement liability coverage to Housing Authority Risk Retention Group (HARRG) policyholders with in-house security personnel. Such coverage can mitigate financial burdens and legal risks associated with claims arising from incidents involving security personnel or law enforcement operations.
Choosing security services
Whether hiring security directly or outsourcing to third-party providers, agencies must select providers carefully to meet agency standards and mitigate liability risks. Direct employment offers control but increases liability exposure, necessitating robust insurance coverage. Read more about the pros and cons of direct hiring versus contracted security services on our blog.
For HAI Group policyholders considering security service additions, consulting with your account executive is crucial to ensure adequate coverage and protection.
This article is for general information only. HAI Group makes no representation or warranty about the accuracy or applicability of this information for any particular use or circumstance. Your use of this information is at your own discretion and risk. HAI Group and any author or contributor identified herein assume no responsibility for your use of this information. You should consult with your attorney or subject matter advisor before adopting any risk management strategy or policy.
