Negligent Security and Sexual Assault
Sexual assault is one of the most violent types of crimes. Victims of sexual assault are likely to suffer physical, emotional, and financial losses. Unfortunately, many cases of sexual assault go unresolved, leaving victims unable to see justice served, or to seek compensation from the perpetrator of their damages.
If sexual assault takes place on a residential or commercial property and is related to premises liability, the victim may be able to collect compensation from the property owner.
Premises liability laws hold property owners liable for failing to maintain the safety of their property. Premises liability is intended to provide lawful visitors an environment that is free of hazards or other dangers that would increase the risk of an accident, injury, or crime.
Negligent security is one common form of premises liability. When sexual assault occurs due to negligent, victims in the Daytona Beach, FL area can work with the attorneys at Chanfrau & Chanfrau to seek compensation for damages related to the crime.
What Is Adequate Security?
There are no set regulations regarding what defines adequate security. Adequate security measures are largely subjective and depend on factors such as property location, the type of property, and the crime rates in the area.
Because property owners do not have defined security requirements, proving negligent security requires the knowledge and expertise of an experienced premises liability attorney.
When a sexual assault takes place, the attorneys at Chanfrau & Chanfrau will gather the evidence necessary to show that the crime could have reasonably been prevented by tighter security measures. Most people agree that property owners should be expected to maintain certain basic security features, such as:
- Working locks
- Adequate lighting
- Well-trained security staff
- Alarm systems and security cameras
Proving Premises Liability
The idea of filing a premises liability lawsuit can be daunting to victims of sexual assault, especially when they are still focused on their recovery.
Our attorneys understand the physical and emotional strains associated with sexual assault. We will take on the burden of proving premises liability so that our clients can put all of their energy into their recovery.
There are three key aspects that are necessary to prove premises liability:
- It must be shown that the property owner was negligent in maintaining the safety of the property.
- It must be shown that the property owner should have reasonably foreseen that negligence could contribute to a crime or injury.
- It must be shown that the property owner’s negligence resulted in damages for the victim.
Compensation in a premises liability suit will vary based on the specifics of each case. Sexual assault victims are likely to have physical injuries that require medical treatment.
The emotional damages in a sexual assault case can be even deeper, and victims may require extensive therapy.
Sexual assault victims can seek compensation for all medical expenses (including counseling and therapy), as well as any lost income related to time away from work and damages related to pain and suffering.
If you have been a victim of sexual assault and would like to know if you have a premises liability lawsuit, contact us at your earliest convenience. Call (386) 258-7313 to discuss the details of your case with one of our experienced attorneys at Chanfrau & Chanfrau. Our legal team is ready to advise you of your best course of legal action moving forward.