Rape and sexual assault survivors may pursue civil remedies in the housing, education, employment, immigration, public benefits and family law fourms. As with most other types of civil cases only 3% of al lsexual assault civil claims proceed to a lower court judgment and a full 97% of all cases settle before trial.
Broad responsibility of hotels, casinos
Case law recognizes the broad responsibility of hotels, casinos, landloards and others for the use of reasonable care to prevent foreseeable sexual assaults. In most tort actions, suits against the perpetrator are filed along with suits against other parties. Potential benefits to victims of tort actions are numerous. The victim, as a plaintiff in a civil action, controls many important decisions in the litigation including whether to file a case, proceed with it, settle the case or pursue further action. In short, the victim gets to direct the course of the litigation
Defendants can include businesses, landlords,
Third party defendants can include businesses, landlords, school administrators, bus drivers, placement agencies, Boy Scout leaders, foster parents, religious institutions, hospitals and treatment centers, among others . Suits seeking compensation can yield both monetary and non-monetary benefits for the victim. A successful lawsuit would result in a financial judgment for the victim, as would a successful settlement of the case
the standard of care
In tort law, the standard of care is the degree of prudence and caution required of an individual who is under a duty of care. The requirements of the standard are closely dependent on circumstances. Whether the standard of care has been breached is determined by the trier of fact, and is usually phrased in terms of the reasonable person. It was famously described in Vaughn v. Menlove (1837) as whether the individual "proceed[ed] with such reasonable caution as a prudent man would have exercised under such circumstances."
Premises liability is the liability for a landowner
Premises liability is the liability for a landowner for certain torts that occur on the real property. This can range from things from injuries caused by "liable for injuries caused by a variety of hazardous conditions, including open excavations, uneven pavement, standing water, crumbling curbs, wet floors, uncleared snow, icy walks, falling objects, inadequate security, insufficient lighting, concealed holes, improperly secured mats, or defects in chairs or benches". In sum:
Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.
Negligent conduct of the injured party
To successfully defend against premises liability claims, an owner or manager must show that it has exercised reasonable care. Negligent conduct of the injured party is often ant issue, the successful defense is based on a showing of proper management procedures. The best defense is to compare what similar establishments in the industry have and show whether the criminal activity could have been deterred.
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