Understanding Your Legal Options After Sexual Assault: When Third Parties May Be Liable

Sexual assault and harassment can happen anywhere, but certain locations and situations create a duty of care, meaning property owners, businesses, and other third parties may be responsible for failing to provide reasonable safety measures. If you’ve been assaulted in places such as a rideshare vehicle, parking garage, or residential building, you may have legal grounds to pursue compensation from those responsible for your safety.

At Santoro & Gray, we help survivors seek justice through civil claims against negligent third parties who failed to prevent harm. Understanding how liability works in these cases is the first step in holding them accountable.

When a Third Party May Be Liable in a Sexual Assault Case

Not every assault case results in criminal prosecution, but survivors can still pursue civil action to seek financial compensation for medical expenses, emotional distress, and other damages. Third-party liability cases focus on whether a property owner, business, or other entity failed to take reasonable steps to prevent the assault.

Common examples of third-party negligence include:

Inadequate security in apartment complexes or residential buildings.

If a property owner fails to provide proper lighting, secure entryways, security personnel, appropriately-vetted building employees, or fails to seek law enforcement involvement in the face of a known threat, they may be liable if an assault occurs on their premises.

Lack of security measures in parking garages and public spaces

Dimly lit parking garages, broken security cameras, or an absence of patrols and emergency call buttons can create an unsafe environment where assaults are more likely to occur. If a business or property manager failed to address these risks, they could be held responsible.

Rideshare companies failing to protect passengers

Assaults by rideshare drivers have become an increasing concern. If a rideshare company failed to conduct background checks, appropriately advise and train employees on the no touch/no sex rule, ignored prior complaints, or lacked proper safety policies, they could be legally responsible for harm caused by their drivers.

Examples of Third-Party Negligence in Sexual Assault Cases

Understanding how these cases unfold can help survivors recognize when they may have a claim. Some real-world scenarios where third-party negligence may apply include:

  • An apartment complex resident is assaulted in a common area because of a broken gate that the landlord failed to repair, despite prior complaints.
  • A person is attacked in a parking garage where security guards were supposed to be on duty but were absent or inattentive.
  • A rideshare driver assaults a passenger, and the rideshare company fails to act on prior reports of misconduct against that driver.

In each of these cases, the property owner, employer, or company may be held liable for failing to take reasonable precautions.

How Civil Claims Help Sexual Assault Survivors

Unlike criminal cases, which focus on punishing offenders, civil lawsuits focus on compensating survivors for the harm they have suffered. A successful claim can help recover damages for:

  • Medical treatment and therapy expenses
  • Emotional distress and trauma-related suffering
  • Lost wages or reduced earning capacity due to the assault’s impact
  • Other financial losses tied to the incident

Seek Help From Santoro and Gray

If you or a loved one has experienced sexual assault or harassment in a rideshare, parking garage, apartment complex, or another location where security measures failed, you may have legal options beyond the criminal system. At Santoro & Gray, we can:

  • Investigate the circumstances of your case to determine if third-party negligence played a role.
  • Gather evidence, including security footage, prior complaints, and witness statements.
  • Negotiate with insurance companies and businesses to seek fair compensation.
  • Advocate for you in court if a settlement cannot be reached.

You are not alone, and you do not have to navigate this process without support. Reach out for a confidential consultation to explore your legal options and take the first steps toward justice.

Your safety matters. Your voice matters. And we are here to help.

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