Who to Sue in a Miami Physical or Sexual Assault Civil Case?
Physical or sexual assault may cause lasting emotional and physical damages. Our personal injury attorney may be able to help you hold the individual and any other parties liable for the assault.
In a civil lawsuit, you won't have a cause of action for “sexual assault.” Basically, you won’t be filing a lawsuit against the defendant for sexual assault or rape per se. Instead, you will file a lawsuit for the wrongful act that caused you harm.
Some possible theories under which to sue in a civil case are:
- Assault or Battery
- False Imprisonment
- Intentional or Negligent Infliction of Emotional Distress
The reasons for suing aren’t always monetary. Some victims want a sense of justice that this did happen to them and that the assailant will be held accountable for what he or she did.
One strategic reason to name a third-party who may also be responsible is ensuring some financial compensation from a person who has little to no assets. For example, you can be successful in a civil lawsuit against a person who assaulted you; but if the assailant doesn’t have any money, you will likely not get any monetary damages.
Civil lawsuits against third-parties are based on negligence and may be effectively waged against landlords, renters, innkeepers, employers, businesses, government entities, schools, and hospitals. They involve allegations such as negligent hiring or retention of employees, failure to exercise reasonable care in maintaining property, and negligent security.
Negligent hiring or retention of employees. If an assault is committed by an employee, the company may be legally responsible for the harm caused to victims in situations of negligent hiring, negligent retention, or negligent supervision.
The sex offender may be an employee of a corporate entity, community organization, or religious institution and there was not a sufficient enough background check done before hiring by these entities.
Other times, employees provide clear signs that they are potential sexual predators during their employment but the entity continues to retain this dangerous employee, ignoring the warning signs.
In other situations, there is a lack of adequate supervision of employees which creates an environment that allows for abuses.
In these instances, it is possible to hold the employer entity liable for the devastating damages inflicted by the employee offender.
Failure to exercise reasonable care in maintaining property. When people stop at retail locations, schools, businesses, hotels, entertainment venues, and other public and residential places, they expect these locations to be reasonably safe. If property owners or managers fail to provide reasonable security, they could be held liable for sexual assaults and physical attacks victims suffer while on their property.
Negligent security. For example, the failure to deal with predictable security issues such as unsecured doors or insufficient lighting can lead to a property owner's liability. A hotel might have had defective door locks. Because many of these areas are open to the public, failure to provide adequate security may have created a dangerous environment ripe for foreseeable criminal activity.
Owners of a nightclub might have "cut corners" on security personnel. A grocery store might have been deficient in security cameras. Failure to install security cameras or to place security guards in garages or parking lots when the threat of crime is obvious may lead to the fact that the owner of the property can be held responsible for the injuries caused by these incidents.
Besides pursuing a traditional loss of consortium claim, we may file an additional claim for intentional infliction of emotional distress on behalf of the victim's spouse.