Sexual assault is one of the most appalling crimes a person can commit. It is especially traumatic for survivors, who may experience emotional distress for years to come.
Although the assailant is always responsible for their conduct, in certain cases, a property owner may share liability for failing to prevent the assault. In these instances, the property owner’s inadequate security may provide a negligence cause of action to the survivor.
Reasons That Negligent Security May Enable Sexual Assault
Property owners may negligently create the conditions that allow a sexual assault to occur on their premises. Security failures that may contibrute to a criminal sexual assault include:
- Inadequate lighting in parking lots or secluded areas
- Broken or missing locks at entry points
- Absent security cameras
- Deficient security staffing given the size or nature of the property
- Failure to screen or properly supervise employees
- Ignoring prior complaints or reports of suspicious behavior
- Failure to control access to a building or restricted area
- Lack of emergency response systems
When a property owner is aware of these vulnerabilities and fails to correct them, they may be liable for the criminal acts and injuries that result.
Places Where Individuals May Experience Sexual Abuse Due to Negligent Security
Sexual assaults related to negligent security can occur in many different locations. The following properties are higher risk for such incidents:
- Apartment complexes with unsecured entrances
- Hotels and motels with insufficient staff oversight
- College campuses, particularly dormitories and off-campus housing
- Alcohol service venues with inadequate monitoring of guests
- Parking garages and parking lots
Each of these settings carries its own specific security expectations. A property owner must take reasonable precautions in the fact of known risks that could injure or threaten guest/visitor/tenant safety.
What Are My Rights and What Compensation Can I Recover?
If you were sexually assaulted on someone else’s property because of inadequate security, you may have the right to pursue a civil claim against the property owner/operator. You can pursue legal action regardless of whether the individual is criminally charged or convicted.
To succeed in your claim, you generally need to show that the property owner knew or should have known about the risk of an assault. This knowledge may be based on the property’s history, location, or known vulnerabilities. You must also prove the owner failed to take reasonable steps to address that risk and facilitated the sexual assault.
If you successfully prove your case, you could be entitled to multiple types of economic and non-economic damages. This compensation can include but is not limited to current and future medical expenses, lost income, pain and suffering, and other trauma-related distress and therapy. Punitive damages may be available in rare cases to punish the property owner for extreme negligence.
Reach Out to an Attorney Who Handles Negligent Security Cases
If you experienced sexual assault due to a property owner’s failure to take security measures, an experienced attorney can help you understand your legal options. Contact Hampton & King for a free consultation.