Does The Outcome Of The Criminal Case Impact The Civil Claim?
The outcome of a criminal case does not impact the civil claim. You don’t have to wait for the criminal charges to be taken care of and even if the perpetrator, for one reason or another is able to escape the criminal charges, you can still pursue civil penalties.
What Are The Available Damages In A Premises Liability Sexual Assault Claim?
The same as in any negligence action.
Special damages. Medical care, future medical care or future medical needs including mental health counselling and anything else needed so that the victim can maintain and cope with having been molested.
General damages. Damages for the emotional and mental anguish that the victim suffered and continues to suffer as a result of the abuse.
Punitive damages. If pled and proven, punitive damages are used to punish these facilities the things that they’ve done.
What Standard Of Care Does The Law Require A Property Or Business Owner To Have Towards Their Customers Or Students?
The duty or standard of care changes for property owners with legal terms such as invitee vs licensee vs trespasser. So let’s keep it simple and just focus on boarding schools or private schools in general. When a parent sends his or her child to a school, that school promises to stand in the place of the parent. The Latin term is In Loco Parentis which means in the place of the parent. That is the legal responsibility of a person or an organization who assumes the care and custody of a child. In simple terms, the organization assumes the parental status and must discharge the parental duties. For example, with a boarding school, the duties owed would be to hire qualified staff, to train those staff members and to supervise those staff members in ways that if something were to be observed or heard or whatever it might be that they are immediately reported and investigated because the safety of the children is the utmost concern and responsibility of these schools just like it would be for the parents.
What Steps Should Someone Take If They Are Involved In A Premises Liability Sexual Assault Claim?
If it hasn’t been reported to the authorities, report it immediately. Contact counsel immediately.
For more information on Criminal Case Vs. Civil Claim, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (801) 499-5060 today.