Damages For Sexual Assault Due to Negligent Security
Owners of nightclubs, shopping centers, and other commercial properties have a legal duty to ensure adequate security and provide a safe place for customers and guests. Unfortunately, property owners frequently fail in this duty. You may have a claim against the property owner or manager if you were the victim of sexual assault because of negligent security.
An accomplished premises liability attorney in Atlanta can help you understand your legal rights and pursue the best course of action to recover the maximum amount of compensation you are entitled to.
Duty of Care for Safety and Security in Commercial Establishments
Premises liability claims typically involve an injury because of criminal sexual assault committed by an employee or a third party. Property owners, landlords, and property managers in Georgia have a duty to ensure that residents, guests, customers, and visitors are safe and secure while on their property.
Premises liability claims involving sexual assault generally occur in retail stores, apartment buildings, hotels and motels, shopping centers, bars, casinos, college campuses, and other similar properties. Property owners can be held liable for lack of security contributing to a violent sexual assault, such as:
- Overgrown landscaping
- Poor quality or faulty locks on doors and windows
- Inadequate security lighting
- Lack of fencing and security cameras
- Failure to monitor secluded areas of the property
Types of Damages in a Premises Liability Claim in Georgia
Property owners, managers, or landlords can be held liable for damages suffered by a victim if they failed in their duty to protect you from reasonable harm. Your assault may have left you with serious emotional and psychological harm in addition to physical injuries. You may struggle to perform daily tasks of living, return to work, and enjoy hobbies.
Many people also face financial uncertainty after being sexually assaulted. There are two broad scopes of damages involved in premises liability claims – economic damages and noneconomic damages. Economic damages compensate for the financial losses associated with the crime, such as lost wages and medical expenses while the noneconomic aspect of compensation considers pain and suffering.
An experienced attorney will help you seek compensation for all types of damages, such as:
- Medical bills (present and future)
- Lost wages
- Future lost earnings if you are left with permanent disability or impairment
- Emotional distress
- Pain and suffering
- Disfigurement
- Mental anguish
- Loss of enjoyment of life
You should not have to face the financial burden of being a victim of crime. A premises liability lawsuit can be helpful in holding the negligent property owner liable and for you to cover the expenses you have faced. You and your family can focus on recovery and moving forward with your life.
How to Prove that a Breach of Duty Occurred
It can be complicated to establish that the property owner breached their duty of care. This makes it important to consult with a reputable personal injury attorney.
The property owner should have had reason to foresee the risk of the crime and assault occurring on the property. They should have failed to take the necessary steps to protect you and other guests or customers.
An experienced premises liability attorney in Atlanta will explore the following to show the property owner should have foreseen the crime and stepped-up security:
- The assault was committed by an employee. In this case, the employer will be sued through vicarious liability because of negligent hiring practices.
- The area has a high crime rate and there have been incidents of sexual assaults reported in the area in the past.
- There is a history of complaints about security on the property.
- There are certain characteristics of the property that make it prone to criminal activity, such as a lack of security cameras, broken locks on windows, inadequate screening at the entrance, and inadequate lighting among other things.
How to Establish Causation?
The second major hurdle to overcome is to establish a cause-and-effect relationship that holds the landlord or property owner responsible for creating certain circumstances that encouraged the sexual assault. Your premises liability attorney will explore the various details of the case to prove negligent security caused your harm.
It’s critical to establish the manner in which the crime occurred, security measures that could have prevented the crime, and whether the security measures taken were reasonable or not. Your attorney will explore past complaints, previous crimes, and any reports of broken locks that were left unaddressed by the property owner or manager.
Choose a Results-Driven Premises Liability Law Firm in Georgia
If you or someone you love has been the victim of sexual assault on someone else’s property due to inadequate or negligent security, the law firm of Miller Injury Trial Law can help you understand available legal options and pursue maximum compensation for what you have suffered.
We are committed to standing up for the rights of those who have suffered due to the negligent or reckless actions (or inactions) of others. Schedule your free case review with our lawyers today. Call us at 855-44MILLER or contact us online.
