Negligence / Negligent Infliction of Emotional Distress

Our client was a Miami-Dade County bus driver. He was home on his day off, sitting on his couch watching television, when a bullet fired from his neighbor's home tore through the wall and flew past his head. The bullet struck the glass next to him, shattering it. Shards cut his forehead. He called 911. Police responded and investigated. They determined that his next-door neighbor -- a military servicemember -- had been cleaning his firearm when it accidentally discharged. The bullet had traveled through the wall and into our client's living room, passing within inches of his head while he sat on his couch in his own home.The physical injury was a laceration to the forehead. The psychological injury was far more significant. Our client developed PTSD, anxiety, and fear responses that required professional psychological treatment. The neighbor's homeowner's insurance provided the avenue for recovery. We pursued claims for negligence and negligent infliction of emotional distress and recovered $110,000.

We identified homeowner's insurance as the recovery vehicle. When a neighbor's negligent handling of a firearm causes injury, the neighbor's homeowner's insurance policy is the primary source of recovery. Most people do not realize this coverage applies to negligent acts emanating from the insured property.We built the negligent infliction of emotional distress claim on solid ground. Our client had both a physical impact -- a laceration from the shattered glass -- and a documented psychiatric response including PTSD and anxiety requiring ongoing treatment.We documented the full psychological impact. Our client required professional psychological treatment. PTSD was diagnosed and documented. Anxiety and fear responses were part of the clinical picture.