Sexual assault can happen anywhere at any time and significantly affects the physical and emotional well-being of the victim. While the legal focus is often on holding the perpetrator of the sexual violence criminally responsible, there may also be a civil claim (for money damages) not only against the perpetrator but also against a property owner or manager for lack of appropriate security or safety measures.
So, how can a property owner or manager be held liable for a crime or act committed on its premises? Simply put, owners or operators/managers of hotels, businesses, apartments, or other commercial buildings, have a duty to provide adequate security and reasonable safety protections for those on their premises. Failure to implement such measures may amount to negligent security.
It isn’t difficult to understand how poor security measures can lead to crimes of opportunity, including sexual assault. Examples might include a faulty or poorly maintained camera system, inadequate lighting, broken locks or gates, and a lack of security personnel or adequate monitoring of common or outside areas. The key is that businesses (owners and/or managers) have a duty to put reasonable measures in place to guard against foreseeable danger. Failure to consistently provide a safe environment creates an unnecessary risk for customers and those on the property.
Common locations where negligent security measures can lead to sexual assault are:
- Hotels and Motels
- Parking lots and garages
- Apartment complexes
- Bars, clubs, and entertainment venues
- Office buildings and workplaces
As an example, consider an outside entry door in a motel that has a security lock, but is broken or typically not closed. If a perpetrator uses it to gain access and commit a violent act, there could be a civil liability claim against the property owner or manager. Similarly, if the property has a history of poorly maintained common areas, malfunctioning security equipment, or a pattern of security-related complaints and incidents, these could all point to civil liability.
An attorney with experience in civil law can help victims of sexual assault determine their rights and legal options as well as gather critical information that will help determine property owner or operator liability. This could include:
- Security footage
- Maintenance logs
- Equipment and lighting inspection reports
- Police records of prior incidents
- Employee or tenant complaints
- Witness statements
- Applicable crime statistics for area
If you or a loved one is the victim of a sexual assault, we strongly encourage you to consider any potential civil liability and engage a legal advocate to help you successfully navigate what can be a very traumatic and emotional legal journey.
