If your sexual assault happened on someone’s property, you might be able to sue a property owner or business.
Let’s look more closely at who you might bring a lawsuit against.
Parties You Can Sue in a Premises Liability Sexual Assault Case
Many times, a sexual assault victim will sue the assailant and a third-party business or landowner. Suing helps you seek compensation for what you’ve suffered and lost.
Here are some parties that are often defendants in premises liability sexual assault cases.
Businesses must maintain safe premises for customers and visitors. If a business knows (or should know) about the risks of sexual assault but does nothing, they have been negligent. The victim of an assault might have a lawsuit against the company.
Landlords own property like apartments, homes, or land. They lease or rent the property to a business or individual person.
Landlords have a duty to keep their land safe for those who come onto it legally. The landlord could be liable for a sexual assault that happens on their land.
Schools should be a safe place for students to study and learn. Unfortunately, dangers can become a reality if the school isn’t safe. Administrators could be responsible if a student, visitor, or staff member is the victim of sexual assault at school.
These are just a few examples of parties who might be at fault. A victim might also sue for assaults at casinos, hotels, motels, or other properties.
to find a John Foy office near you
Why You Should File a Premises Liability Lawsuit for Sexual Assault
If a property owner’s actions (or lack of actions) contributed to your sexual assault, you can likely bring a premises liability lawsuit against them.
Businesses, property owners, and landlords have a duty of care. They must ensure the property is safe for those who come onto it legally. That includes making sure the premises are reasonably secure from predators and criminals.
If someone was negligent in taking measures to avoid harm, you might have a case against them, according to the Official Code of Georgia Annotated (OCGA) §51-3-1. You could sue the owner or business through a premises liability lawsuit.
Keep in mind that an owner is not automatically responsible for sexual assaults on their property. Certain conditions must exist for you to have grounds to sue.
Awareness of Risk
It’s not enough for a sexual assault to happen on a property. The owner must have been aware of the risk yet failed to make the situation safer. An owner cannot be held liable if they had no way to predict an assault.
If you were a victim of sexual assault on someone’s property, talk to a lawyer. These types of lawsuits are complicated. Every situation is unique. At John Foy & Associates, we can determine whether you can sue for premises liability.
Our team has been helping those injured by the actions of others for 20-plus years. We treat each case with compassion and sensitivity. To discuss your options during a free consultation, call (404) 400-4000 or contact us online.
Filing an Insurance Claim
Property owners should carry insurance in case of injuries on their property. Before suing, you can file a premises liability claim with the insurance company. If you can get a fair settlement, you might not need to take your case to court.
Our lawyers will work to prove third-party negligence in your assault. We’ll complete steps like:
- Gathering evidence
- Talking to witnesses
- Working with expert witnesses
- Calculating your damages
- Building a strong claim
- Handling the insurance companies
No one takes a sexual assault case lightly. Unfortunately, the insurer will use any excuse to avoid fault for what occurred. But we’ll be ready to fight for your rights and hold the party liable.
If you cannot get a settlement through your claim, we’ll be ready if you choose to go to trial. Our team will be there every step of the way. Consult with our attorneys today to learn your legal rights.
Learn Your Rights from Our Sexual Assault Lawyers for Free
At John Foy & Associates, we don’t collect a fee unless we win your case. Plus, the consultation is always free. Call us at (404) 400-4000 or contact us online to get started with your free consultation.