Negligent Security and Sexual Assault

By Mark T. Flickinger, JD on November 29, 2018

Dark parking garageCrimes like sexual assault occur daily in the United States. Although a crime can take place anywhere or at any time, there are certain conditions that make crimes more likely.

A poorly lit and monitored property is one example. If negligent security encourages or allows for sexual assault, victims in the Salt Lake City, UT area may wish to file a premises liability lawsuit.

Premises liability makes property owners responsible for injuries or damages that occur on their property if they did not take measures to create a safe environment for invited guests. The experienced attorneys at Flickinger Sutterfield & Boulton can help sexual assault victims file a premises liability lawsuit so that they can be compensated for the full extent of their losses.

Examples of Negligent Security

Property owners are allowed to make their own decisions regarding security for their land or buildings. Although there are no rules that stipulate what type of security should be in place, it must be adequate enough to discourage accidents, injuries, and crime.

The location of the property and the crime rates in the area should also be considered when securing a property.

If a person is sexually assaulted on a property, evidence of negligent security may include:

  • Insufficient lighting for outside structures or within parking lots
  • A lack of fencing or entry gates
  • Broken locks
  • Lack of security system or cameras (or malfunctioning security devices)
  • Insufficient security staffing or improper training of security staff

Grounds for Premises Liability

Property owners cannot be held accountable for every criminal act that occurs. However, a premises liability lawsuit can be filed by sexual assault victims if certain factors are met:

  • The sexual assault victim is injured or suffers other damages or losses as a result of the crime
  • There is ample evidence to show that the sexual assault was linked to negligent security
  • The property owner had reason to anticipate the crime and failed to put appropriate security measures in place

Damages in Premises Liability Cases

As with any other lawsuit that is filed in civil court, damages in a premises liability case will be unique in each situation. Our attorneys will seek appropriate compensation based on each client’s losses.

Potential damages in cases of sexual assault linked to negligent security include:

  • Medical expenses (past and future)
  • Lost wages or a loss of wage-earning potential
  • Pain and suffering
  • Emotional distress
  • Diminished quality of life

In certain cases, punitive damages may also be rewarded in a premises liability lawsuit. Our attorneys will seek punitive damages in cases of blatant negligence. Punitive damages serve as a punishment to liable parties and are meant to discourage similar situations in the future.

Contact Us

If you are a victim of sexual assault and you believe that the crime was the result of negligent security, you may want to file a premises liability lawsuit. Contact the attorneys at Flickinger Sutterfield & Boulton to discuss the details of your case. You can reach us by calling (801) 370-0505.

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