Sexual assault is something that should never happen to anyone. But when it does happen, survivors may be entitled to compensation to help cover their medical bills, lost wages, and pain and suffering.
If you were sexually assaulted, you have compensatory options. A Spring Valley sexual assault lawyer from Bernstein & Poisson may be able to help you secure financial recovery if the property owner failed to keep their premises safe, resulting in your sexual assault. To learn more about how we will fight for you, call us today at (702) 633-3333.
Premises Liability Cases for Sexual Assault
Sexual assault is no accident—there is always someone to blame for these awful crimes. Although the perpetrator of the sexual assault may be the obvious person at fault, that does not mean that they are the only ones who can be held accountable for your losses.
You have the right to expect a reasonable degree of safety while you are on someone else’s property. It is the duty of the property owner to maintain the premises so that others are not harmed. This extends to the physical, mental, and emotional harm caused by sexual assaults.
If you were sexually assaulted because of another party’s inability to keep you safe, then you may be able to pursue compensation through a personal injury claim or lawsuit. In Nevada, property owners owe it to others to maintain their properties. When they fail to meet this obligation, they put others at risk and may then be held accountable for any injuries that arise from these failures.
For a free legal consultation with a sexual assault lawyer serving Spring Valley, call (702)-887-1712
Grounds for a Premises Liability Claim or Lawsuit Related to Sexual Assault
In the case of a sexual assault, you may seek damages if the property owner allowed unsafe conditions to persist on their property. Some examples of unsafe conditions include:
- A failure to repair defective safety equipment. Broken locks, non-functional surveillance cameras, loose window bars, or any other defective security measures on a property may give perpetrators the opportunity to assault someone.
- A lack of safety measures. Examples of reasonable safety measures include functioning alarm systems, working security cameras, and security personnel monitoring the premises.
- A lack of notice of criminal activity. If there was previous criminal activity in or around the premises, the property owner may be negligent in not informing you about these instances and could also be held liable for failing to prevent criminal attacks.
Spring Valley Sexual Assault Lawyer Near Me (702)-887-1712
Negligence in a Sexual Assault Lawsuit
In civil cases of sexual assault, you and your lawyer will have to show that the property owner’s actions (or inactions) rise to the level of a “negligent tort.” Negligent torts in sexual assault premises liability cases are when someone’s actions or inactions are reckless and unsafe by the standards of a reasonable person. Often, this centers on the foreseeability of an assault.
Since reasonableness and foreseeability in a certain circumstance may be debatable, a Spring Valley sexual assault lawyer can help prove your case.
Evidence in Sexual Assault Cases
Your lawyer can prove your allegations by gathering and presenting evidence that the property owner was negligent. This evidence will need to show the following:
- The property owner had an obligation to keep you from getting hurt.
- The property owner, for whatever reason, failed in this obligation.
- As a result of the property owner’s negligence, you were assaulted.
- Your assault resulted in financial losses, such as medical bills and lost income.
Additionally, some evidence that can be helpful in proving these points is as follows:
- Take photographs of the security measures (or lack thereof) in place at the time of your assault.
- Surveillance footage. If video footage is available, it can show how the perpetrator was able to commit an assault on the premises. (Your lawyer may be able to get this piece of evidence for you.)
- Witness statements. Witnesses can speak to the knowledge of the crime, the surrounding circumstances, and the security of the premises.
- Medical records and police reports. Official documents can record information about the extent of your injuries and the facts of the assault.
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The Statute of Limitations in Your Case
According to NRS §11.190(4)(e), the statute of limitations for filing a personal injury lawsuit is generally two years. However, based on the details of your case, this timeline may be subject to change. In any case, time is limited, so the sooner you reach out, the sooner a Spring Valley sexual assault lawyer can get started working for you.
Call an Attorney Today
At Bernstein & Poisson, we are committed to fighting for justice for our clients, all while compassionately guiding them through the most difficult time in their lives. We want to help you hold the responsible parties accountable for what happened to you. That way, you have the resources you need to start the healing process after a sexual assault disrupts your life.
Call Bernstein & Poisson today at (702) 633-3333 for a free consultation. We will be there with you on your journey to recovery.