Sexual assault can leave deep scars—physically, emotionally, and financially. While criminal law focuses on putting the attacker in jail, a premises liability lawsuit looks at the property owner or another responsible person who should have done more to keep the space safe.
Many survivors do not know they can do this. They might assume the only legal action is a criminal trial against the attacker. Civil cases can help survivors get financial compensation for medical bills, therapy costs, and other losses. Here, we explain how you can sue the people in charge of that property, like a landlord or a business.
Who can be held liable in a premises liability sexual assault case?
Survivors can sue property owners, landlords, employers, or institutions that failed to prevent foreseeable assaults.
- Property owners may be liable if poor lighting, broken locks, or lack of security enabled the assault.
- Employers or schools may be sued for ignoring reports of harassment or failing to supervise known offenders.
- Survivors must show the owner had a duty of care and breached it, causing harm.
- Both the attacker and negligent property managers can be sued—one for the assault, the other for failing to prevent it.
- A sexual abuse lawyer helps collect evidence, prove negligence, and fight for compensation in court or settlement.
What Is Premises Liability?
Premises liability is a legal concept that states that people who own or manage property must keep it safe for everyone who visits. If they fail to do so, they can be responsible (liable) for injuries that happen on their premises.
This covers many accidents, like “slips and falls” or exposure to harmful conditions. It can also include criminal acts like sexual assault if the property owner was negligent in stopping them. For example, they might have known the locks were broken but never fixed or refused to add security cameras in a high-crime area.
In most states, the law says owners must do what a “reasonable” owner might do under the same conditions. That can mean installing lights in a dark parking lot, hiring security guards in a crowded bar, or ensuring employees do not harass or assault guests. If the owner fails in these duties, survivors of assault can sue for damages (compensation).
The Parties that Can Be Responsible for Sexual Assault?
In a premises liability sexual assault case, you might sue more than one person. Each might share the blame for failing to keep you safe:
- The assailant who committed the sexual assault.
- The property owner or business where the assault occurred.
- Landlords who failed to provide adequate security measures.
- Schools or employers who were negligent in supervising or protecting survivors.
These are not the only possibilities, but they are the most common.
How Do I Know If the Property Owner Owed Me a Duty?
In basic personal injury law, owners owe visitors a “duty of care.” If they invite you (as a shopper, a guest, or a tenant), they must keep the property safe. If they know (or should know) about certain dangers—like a broken fence or dark parking lot—they must fix or warn people about them.
For sexual assault cases, you need to prove that the assault was made easier by the property owner’s negligence. Did they fail to install the lights or cameras that a reasonable owner in that neighborhood installs? Did the landlord ignore repeated break-ins or shady activity? Did a school fail to supervise a staff member known for troubling behavior?
Can I Sue My School or Employer?
Yes, you can if they are negligent. Let’s say your workplace knows that a manager is harassing employees in private areas but does nothing, or a school knows that a coach has a history of inappropriate conduct. If they look the other way, you may hold them accountable.
In premises liability terms, the school or employer is the property possessor who allowed dangerous situations to continue. By failing to supervise or remove the offender, they put you at higher risk and failed to maintain a safe environment.
What Does Negligence Look Like in Sexual Assault Cases?
Negligence means failing to act as a reasonable person acts.
Some examples of sexual assault cases include:
- A landlord ignoring repeated complaints about broken security gates.
- A business that does not provide security guards in a known high-crime area.
- A hotel that never repairs the lobby cameras, even though break-ins keep happening.
- A campus refusing to address a known harasser among staff or students.
In each scenario, a property owner or manager is not meeting basic safety standards, leaving the door open for wrongdoing. If you prove that "but for" their failure, the assault did not happen, you can succeed in a premises liability claim.
How Do I Prove My Premises Liability Claim?
A successful premises liability lawsuit often includes:
- Duty of Care: Show that the owner owed you a duty. For example, you were a customer or tenant, so they had to keep you safe.
- Breach of Duty: Prove that they failed to do what a normal, responsible owner does. (For instance, they failed to fix broken locks, though they knew of ongoing crimes in the area.)
- Causation: Show that this breach (lack of security, etc.) allowed the sexual assault to occur.
- Damages: Detail the harm you suffered—like emotional trauma, medical costs, therapy bills, or other losses.
Rules of civil procedure require that you present enough evidence to meet your burden of proof. This might involve police reports, prior incident logs, or statements from neighbors.
The “discovery” phase is where both sides exchange information. If you are not sure how to handle that, your sexual abuse lawyer can guide you. They also know the rules of evidence that let you bring in records of past crimes on the property.
Is Premises Liability Different from a Criminal Case for Sexual Assault?
Yes, it's very different. A criminal case is about the state charging the assailant with a crime, hoping to convict them so they face jail time or probation. A civil premises liability lawsuit focuses on property owners or others who may not face criminal charges. The remedy is financial compensation rather than jail time. You can do both: a criminal prosecution might still happen, but you can simultaneously file a civil lawsuit against the property owner.
Criminal cases use “beyond a reasonable doubt” as the standard, while civil cases often use a “preponderance of the evidence” standard. This means you only need to show it is more likely than not that the property owner’s actions or inactions contributed to your harm.
What Are the Damages I Can Recover for Premises Liability?
If you win or settle, you may get money for different kinds of damages, such as:
- Medical bills for physical injuries from the assault.
- Therapy or counseling costs for emotional healing.
- Lost income if you missed work due to trauma or injuries.
- Pain and suffering or mental anguish.
- Other related costs, like changing your locks or breaking a lease, if you had to move for safety.
These damages allow you to rebuild your life. The goal is to compensate for what you lost, though no sum of money fixes all the pain. Courts sometimes award "punitive" damages if the property owner’s negligence was extremely bad. These punitive damages aim to punish the wrongdoer and deter others from acting similarly in the future.
Where Do I Start Looking for a Lawyer?
You can find a sexual abuse attorney who has handled premises liability cases in your area. Ask about their experience or search online for lawyers who mention this type of case. If they highlight knowledge of contingency fees, that can be helpful. Contingency fees mean you pay nothing upfront; the lawyer gets paid only if you recover money. This arrangement allows survivors to seek help even if they lack funds.
Look for a lawyer who can also handle advanced legal strategies. For instance, some cases might turn into a class action if the same property owner harmed multiple survivors, or you might need to do “mediation” or “arbitration” if there is a contract requiring alternative dispute resolution. The lawyer should be comfortable with all these possibilities.
Are There Time Limits for Filing a Premises Liability Claim for Sexual Assault?
Yes, every state has a statute of limitations. In some states, you have two years from the assault date to sue. In others, you might have more time, especially if you were a child when it happened. Meanwhile, you might face special notice deadlines if a government entity owns the property. Ask a lawyer how these deadlines apply to your situation. Miss them, and you can lose your chance to sue.
Can I Also Sue the Attacker?
Yes, you can. You may sue the assailant personally for assault and battery. However, if the attacker does not have money or assets, it might be difficult to collect any damages. We focus on premises liability: the property owner or business might have insurance or more resources. This does not erase the assailant’s wrongdoing, but getting compensation from a business or landlord is often more practical.
What If a Landlord Refuses to Accept Blame for the Sexual Assault?
They might, of course. Many property owners claim they did what they did or that the assault was unforeseeable. That is where your lawyer shows evidence that, for example, the landlord refused to fix a broken gate despite multiple break-ins. Or they posted no security in a known high-crime zone. If the landlord does not know a crime might occur, it might be harder to prove premises liability. But often, we find a pattern of ignoring warnings or complaints.
Why Is a Lawyer So Important for Filing a Premises Liability Claim?
Filing a premises liability sexual assault case can be complicated, especially if multiple parties are involved. You might face a large business or insurance company that tries to downplay your claims. A sexual abuse attorney who knows about premises liability can help by:
Investigating the Property’s History of Crimes or Complaints
One important step in your case is looking into whether the property had past problems with crime or violence. A lawyer might review police reports or ask neighbors if they saw similar incidents.
If the landlord or business owner knew about these troubles but did nothing, that can help prove they were careless. For example, if crimes kept happening and the owner never fixed broken locks or added lights, it shows they ignored warnings. This information shows that the property owner did not take basic steps to protect people on the property, making it easier to hold them responsible.
Showing How the Owners Failed in Their Duty to Provide Adequate Security
After finding evidence of past complaints, the lawyer showed that the owner should have provided stronger safety measures but did not. Maybe they needed better lighting, working cameras, or security guards.
If a landlord has repeated break-ins in an apartment building, they should update locks or warn tenants about the risks. If a store manager sees threatening behavior in the parking lot, they must hire security or call the police.
Ignoring these problems can be called “negligence.” A survivor can argue: “You knew there were risks and did nothing.” This helps the court see how the owner failed to keep the property safe.
Negotiating With the Defense or Going to Trial if Necessary
At some point, the property owner’s attorney might offer a settlement. They want to avoid a trial, which can be long and expensive. The survivor’s lawyer checks if the offer is fair. If it covers medical bills, therapy, and the survivor's pain, then settling might make sense. If not, the sexual abuse attorney can push for more or prepare for trial.
During the trial, both sides present their evidence to a judge or jury, who decides if the owner is liable and how much damages to award. Being ready to go to court sometimes helps survivors get a better offer. It shows the defense that you are serious.
If You Survived a Sexual Assault on Someone Else's Property, Reach Out to a Sexual Abuse Lawyer
Remember, you are not alone. If you survived a sexual assault on someone else’s property, you might have the right to hold them accountable through premises liability. This can recover costs for therapy, lost work, or the life changes forced on you. It can also promote safer conditions for others by pressuring owners to add locks, lights, and security.
If you think you have a case or want more information, please reach out to a sexual abuse lawyer. Let them evaluate your situation, explain your rights, and guide you toward closure. Taking action with legal support allows you to seek justice and move forward.