Q: See below
There was an auto accident in our HOA. A resident (not me) hit a person on a bicycle. Our security company, under contract, is supposed to ask for ID for any person coming in the community day or night and any guest must be authorized by a resident to come in. We also have a sign that says no Trespassing subject to arrest.
1. It is possible the bicyclist was trespassing and was never asked for ID. If so
A. He should never have been here and stopped at the gate.
a. Can he be arrested for trespassing if we press charges
b. Can the resident sue the HOA and Security company for negligence as they did not do their job as the HOA has documented history of not auditing the company for contractual performance under the theory that there would be no accident if the person was refused admittance.
c. Can the Bicyclist sue for the same reason saying he should have been stopped and was not and if he was he would not have been hit?
A:
a. You should ask the local police if they can and will prosecute the cyclist.
b. The resident driver's liability insurance company might be able to sue the HOA and the security company if the carrier is obligated to pay damages to the cyclist.
c. The cyclist is probably barred from suing because of the doctrines of assumption of risk, and the cyclist's damages might be reduced by the doctrine of comparative negligence.
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