Anyone who is raped or sexually assaulted can seek financial compensation from the perpetrator. These are civil claims for money damages. Even if the state doesn’t bring criminal charges against the defendant, you can still seek financial compensation. Civil cases have a lower burden of proof, so they are easier to win. A victim and their lawyer file the lawsuit, not the district attorney.
Although you can sue the assailant, there might be other defendants who are on the hook for financial compensation. They could bear some liability for the assault. In this blog, we look at some of these surprising defendants. Call Stewart Miller Simmons Trial Attorneys to speak with a sexual assault attorney about what happened. We can provide a preliminary analysis of your legal rights. If hired, we can get to work holding all possible defendants accountable.
Property Management Companies
A property management company is hired by a landlord to manage properties. They might be responsible for a sexual assault which happens on the property due to inadequate security.
For example, the property might be missing proper locks on doors and windows. There might be a lack of other reasonable security features, such as intercoms at the front door, well-lit common areas and parking lots, as well as someone at a front desk.
When property defects contribute to sexual assault, the property management company might be to blame (or the person who owns the building). Your legal team should investigate the premises to determine if security was lacking.
School Districts
Too many children are molested in schools. According to statistics from the Department of Education, about 15,000 incidents of sexual violence happen each year at school. The school district could be to blame for:
- Negligent hiring. A district should perform background checks, which includes looking at criminal history and someone’s references from a prior job. Hiring committees can’t ignore obvious red flags that an applicant could commit any type of violence, including sexual assault.
- Negligent supervision of staff. A district needs to investigate credible complaints. They can’t sweep allegations under the rug.
- Understaffing. Some children are molested by other students. We expect schools to properly supervise what is happening on the premises. However, some schools are understaffed, so they don’t catch what is happening on the playgrounds or in the bathroom. A district is ultimately liable for understaffing.
Suing a school district is not easy. The district might have immunity from suit. Nonetheless, reach out to Stewart Miller Simmons Trial Attorneys to check whether you can sue a public school or district.
We can also sue a private school for any assaults or molestation which happen. They are no different than any other business in the eyes of the law.
Manufacturers of Home Alarm Systems
You might have installed an alarm system to protect yourself from intruders. What happens if the system is defective?
- The system fails due to a mechanical defect and an intruder enters your home.
- The directions are so complex that you can’t operate the system properly, which renders it ineffective.
- The system notifies someone at the company of an intruder, but the company doesn’t call the police.
In these situations, the alarm system has failed to work as a reasonable consumer would expect. Consequently, the manufacturer could be legally liable if an intruder enters your home and assaults you or a child. Remember to save all instructions and product packaging. We want to investigate whether there is a defect rendering the manufacturer liable.
Hospitals and Medical Clinics
Nobody expects to be assaulted when they go to the doctor or hospital. Unfortunately, there is a real risk of this happening. Doctors can perform unnecessary pelvic exams or fondle a patient’s intimate parts. We might sue a hospital or clinic for failing to investigate previous complaints or not performing reasonable background checks.
Police Departments
Were you sexually assaulted by a police officer while they were on duty? If so, then you might be able to sue the police department, in addition to the officer. Some officers abuse their power and will grope, assault, and even rape people they arrest or hold in jail.
We should be clear: you can’t sue the police for failing to protect you from rape from someone who is not a police officer. Imagine you see someone hiding outside your apartment and call the police. They never show up, and the person ends up breaking in and assaulting you. Unfortunately, you can’t sue the police for failing to respond to your 9-1-1 call in a timely fashion. The law typically doesn’t allow victims to sue the police on a “failing to protect” theory.
However, where an officer assaults you, then you might sue the police department because that’s their employee. Call our firm so we can dig into the facts. A code of silence exists in many police departments. Finding helpful evidence is a challenge.
Why It Helps to Add a Defendant to a Sexual Assault Case
Suing your assailant can bring you a measure of justice—especially if the state doesn’t file criminal charges. Civil trials have a lower standard of proof: a preponderance of the evidence. Essentially, you can win if you show it’s “more likely than not” that the defendant assaulted you. (In criminal cases, the bar is much higher: guilt beyond a reasonable doubt.)
However, few defendants have money in a bank account to pay compensation to you as the victim. This is why adding another defendant is useful. Hospitals, schools, manufacturers, and property management companies have deeper pockets. They also have insurance policies which can pay a victim a settlement or even a court award.
Call Stewart Miller Simmons Trial Attorneys
No one should suffer sexual abuse in silence. Speak up. If someone assaults one person, they are likely to do it again. Our sexual assault lawyers are experienced and will fight to get you compensation for your suffering. Schedule a free consultation by calling our firm at (404) 529-3476. A compassionate lawyer is standing by to listen to your story.