Legal Help When Buying and Selling Property

Beyond The Obvious: Other Liable Parties For Assault Liability Claim

23 March 2018 by Louise Boyd

If you have been assaulted and injured, you have the right to pursue a personal injury claim against your attacker. The problem is that such attackers rarely have the money to pay such damages, and most insurance policies exclude such claims too. That is why you need to look beyond the attacker and identify other parties who may be liable for the damages. Here are other potentially liable parties in such a case:

The Security Company

If you were being guarded by a security company, then you may be able to pursue damages against the company too. You just need to show that the company failed to prevent the attack even though it could or that the company did something that allowed the attack to take place.

Take an example of a heated shareholder meeting that is being guarded by a security company specifically contracted for the occasion. If one of the guards leaves their post and you get attacked in their absence, you may be able to claim damages from the security company.

The Property Owner

Property owners are required to keep visitors on their premises safe and sound. Therefore, if you were attacked in a public place, you may be able to claim damages against the owner or manager of the premises. In this case, you need to prove that the owner knew or should have known about the damages, but did nothing to warn you of the dangers or prevent the assault. For example, managers of premises in a crime-infested neighborhood should light up their parking lots to discourage such attacks. Therefore, if you are attacked in an unlit parking lot in such an area, you may be able to pursue damages against the parking lot's management.

The Professional Who Didn't Disclose the Threat

There are professionals who are required by law to reveal violent threats from those under their care. Examples of such professionals include teachers and psychologists. Therefore, if you are attacked by a student who shared their violent intentions with a teacher, and the teacher did not reveal the threat to the authorities, you have a valid claim against the teacher.

The Attacker's Employer

Vicarious liability is a legal principle that makes employers liable for their employees' actions. For example, if you are attacked by a delivery person, you may be able to pursue claims against the company for which they were making the delivery. The circumstances of the attack determine whether vicarious liability applies. For example, you have a good chance of holding the employer liable for damages if the attacker assaulted you in the course of their normal duties.

To learn more about pursuing a serious injury claim, contact a personal injury attorney in your area. 

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