If you or a loved one has been the victim of sexual assault, you likely have a lot on your mind. Seeking justice for an assault can be overwhelming, especially as survivors try to heal physically and mentally.
If a sexual assault takes place within a business, a survivor might not think to ask: “Is the business liable?” If a business’s negligence was a contributing factor to a sexual assault, it could hold some liability.
What Qualifies as Negligence?
A business might be liable for a sexual assault if the crime:
Occurred to an employee who is actively working or engaged in business activities. In these cases, negligence can include failure to establish strict sexual harassment policies, lack of sexual assault prevention training, or putting employees in vulnerable situations.
Was perpetrated by an employee. If an employee has a history of sexual assault or harassment that the company is aware of, but they fail to take precautions to prevent further incidents, they may be liable. Additionally, if an employer is ignorant of an employee’s history of sexual assault due to improper screening pre-hiring, they can still be liable.
Was enabled or aggravated by dangerous conditions on business premises. This can include poor security, inadequate lighting, and failure to maintain security features such as locks. This can also be a factor in cases where an employee is a victim.
How Can You Hold a Business Accountable?
Businesses can be held responsible for negligence contributing to sexual assault in a civil lawsuit. Civil lawsuits don’t find criminal responsibility, but civil responsibility. In other words, business owners will not be sent to prison if found liable in a civil lawsuit. Still, they will be required to compensate a victim for damages, such as medical expenses, lost wages, or pain and suffering. Two types of civil lawsuits are typically filed in sexual assault cases.
Premise liability lawsuits. If the physical conditions of a business’s premises contributed to the sexual assault (such as poor security, inadequate lighting, or broken security features), a premises liability lawsuit is likely an appropriate choice. This can be filed against a business or against a property owner, depending on which party is legally responsible for relevant maintenance.
Vicarious Liability Lawsuits. These cover most of the other forms of negligence discussed. Improper background checks, weak sexual harassment policies, or putting employees in vulnerable situations could be considered vicarious liability.
Resources for Survivors of Sexual Assault
If you or a loved one is struggling with the consequences of sexual assault, it’s important to seek out support, legal and emotional.
The state of Massachusetts has compiled a list of state-wide resources for survivors of sexual assault, available here. We also recommend the Rape, Abuse, and Incest National Network (RAINN), the largest sexual assault survivor support organization in the US.
Seek Justice For Negligence Enabling Sexual Assault
Survivors of sexual assault deserve justice. If another party’s actions enabled sexual assault, that party should face legal consequences. If this story sounds familiar, you have options.
Contact Faneuf Law Group today for a free case consultation. Justice is not exclusive to criminal courts. Seek civil justice with Faneuf Law Group.
Victims never pay Faneuf Law Group out of their own pocket for our services. We only receive payment if we successfully recover a settlement or verdict. Our fees are paid out of those proceeds.