Examining Liability in a Sexual Assault Claim
While sexual assault is often thought of as a crime involving the perpetrator and the victim, other entities can be held liable. Under California laws, a person or entity can be held accountable for sexual assault if there is a failure to provide a “duty of care.” Read on to learn more about what “duty of care” means and who can be held liable in a sexual assault claim.
What is “Duty of Care?”
Under personal injury law, “duty of care” refers to a party that fails to do something (or does something) that causes an individual to sustain an injury and suffer losses. Establishing whether or not a “duty of care” exists involves the following:
- The plaintiff was owed a duty of care from the defendant;
- The defendant breached the duty of care;
- Due to that breach, the plaintiff was injured.
Regarding sexual assault claims, other parties (in addition to the perpetrator) could be held responsible if they did not exercise a “duty of care.” We explain this further in the next section.
Who Could Be Held Liable in a Sexual Assault Case?
There are several instances in which a third party can be held liable in a sexual assault claim. For example, if the assault or abuse happened at work, school, a club, or other establishments, that entity could be responsible if:
- They failed to provide proper supervision;
- They failed to provide adequate security;
- They failed to protect vulnerable individuals (children, the elderly, someone with special needs).
Sexual assault claims are complex, and when third parties are involved, it can make it that much more complicated. Having an experienced sexual assault lawyer on your side can make all the difference in the outcome of your case.
How Sexual Assault Survivors Can Get Help
Sexual assault is one of the most terrifying experiences anyone can endure. Often survivors of sexual assault feel guilt and shame for what happened. This leads to keeping the assault a secret for fear of not being believed. We understand how difficult it is to speak out against your perpetrator. We believe you, and when you are ready to speak out, we are here to support you and guide you through every step of the legal process in holding your perpetrator accountable. At KMD Law, we are prepared to defend your right to seek compensation.
Contact us today at (833) 456-3529 to learn your rights.