Legal Question in Civil Litigation in Michigan
damages for commiting suicide in my home
Can you sue someone's estate for psychological damages for a friend choosing my home to commit suicide, when I was not home, going in my room without my permission, and getting a key to my son's gun safe, and taking the gun he bought my 16 year old for his birthday, and killing himself in my garage.
2 Answers from Attorneys
Re: damages for commiting suicide in my home
There has to be something missing in your reasoning to even ask such a question. Compare you damages to the torment that caused the guy to end his life. A jury may award you 50 cents. Bill Stern
Re: damages for commiting suicide in my home
I think that the answer is a qualified yes, if the person did not have permission to enter your home, or open the gun safe, or use the gun. If there was a trespass, it would be an intentional tort, so there could be liability on that basis, and maybe others.
The more practical issue which is almost never addressed in the "can I sue for...." posts such as this is can I practically recover something if I sue sucessfully. Intentional torts are usually not covered by insurance, and life insurance often excludes death by suicide, and usually does not pay out to the estate of the person, but rather to named beneficiaries. Unless the estate would have assets, a suit of this sort might not result in any financial recovery.
I would like to discuss the details of this very unfortunate situation with you, as there may be some basis for recovery which might be covered by insurance, depending on the circumstances. Please contact me by email or phone (888-221-0844)at your convenience.
Andy Prine