It is natural to focus on the perpetrator following a sexual assault, especially in the immediate aftermath. However, there could be other parties who deserve your attention when it comes to filing a civil lawsuit. When sexual assault occurs on another person’s property, they could be held civilly liable if they failed to take reasonable steps to protect their visitors from harm.
Security failures leading to sexual abuse are unfortunately common. When these attacks happen, it is helpful to discuss your options with a dedicated attorney. You might be entitled to compensation from the property owner through a negligent security claim.
Security failures can lead to sexual abuse in a number of ways. When property owners fail to correct obvious hazards or respond to prior incidents, the risk of a sexual assault occurring on the property will only go up. Some of the factors that can make a property less safe include the following:
Dim or broken lighting creates hiding places and reduces visibility, giving attackers an opportunity to commit an assault. Adequate lighting is one of the simplest and most effective deterrents to crime, yet it is often overlooked by property owners in an effort to save on expenses.
Gated communities, apartment complexes, and office buildings frequently advertise controlled access to the premises, which is one of the best ways to prevent an attack. However, broken gates or failed locks render these barriers useless.
Some properties require more than physical barriers. Hotels, nightclubs, student housing, and large residential complexes may need trained security personnel, especially if there is a history of criminal activity in the area. Failing to staff appropriate security or ignoring patterns of prior incidents can significantly increase risk.
Security cameras serve two critical purposes: deterring crime and documenting it when it occurs. While broken or inoperable cameras might deter crime for a little while, criminals who discover the cameras do not work can use it to their advantage.
A negligent security claim is a type of personal injury claim that arises when a property owner fails to take reasonable steps to protect visitors from foreseeable criminal acts. In other words, if the owner knew that crime was likely and did not implement reasonable safety measures to protect you, they may be legally responsible for your damages from the assault.
These cases often focus on whether the property owner or manager could have foreseen the crime happening. Prior assaults, police calls, crime statistics in the surrounding area, or repeated security complaints can establish that the risk was not a surprise. The law does not require property owners to guarantee safety, but it does require them to act reasonably under the circumstances. When they ignore obvious warning signs, victims may have the right to pursue a civil claim in addition to any criminal charges brought against the attacker.
When security failures lead to sexual abuse, there could be different types of financial compensation available to the survivor. Sexual abuse causes profound harm that can last for years. While money can’t erase what happened, a civil claim allows you to seek financial compensation for the losses you suffered. Those damages can include:
Our compassionate team can help you understand your options.
If you have personally faced security failures leading to sexual abuse, you deserve justice. Speaking with an experienced attorney can help you understand your rights and explore your legal options. Call today for your private consultation.
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