Negligent Security And Third-Party Responsibility For Sexual Assault And Violence
Property owners, landlords and schools have an obligation to take safety and security measures to prevent sexual assaults and violence. When their negligence and failure to provide adequate security endangers guests, I assist clients throughout Ohio with filing civil lawsuits to hold third parties accountable. I am attorney Konrad Kircher, and I founded Kircher Law, LLC, in Maineville, to help survivors of sexual violence and abuse hold assailants and other negligent wrongdoers responsible for their actions.
Third-Party Liability And Negligence
In the state of Ohio, a third party may be liable for accidents or injuries when the victim can prove that the third party should have taken better safety precautions, and if they had, the attack might not have happened. Third parties who may be held liable for negligence can include:
- Retail businesses who fail to keep customers safe in their shops
- Hotels and landlords who fail to provide proper security measures for guests and tenants
- Schools, colleges and universities that fail to provide adequate safety measures for students
As an advocate for victims of sexual violence, I work to hold all responsible parties accountable for their actions, including third parties who should have taken better safety and security precautions.
Schools Have An Obligation Under Title IX To Keep Campuses Safe
In addition to third-party negligence laws, under Title IX, schools are required to provide equal access to education. This has been interpreted to mean that schools are required to provide safety and security measures designed to keep students safe from sexual violence, sexual and gender-based harassment, and sexual assault. When a rape or sexual assault occurs on a school, college or university campus, the school may be responsible under Title IX and third-party negligence claims.
How Can Colleges And Businesses Be Liable For Sexual Assault?
Even if a school or business didn’t facilitate or encourage sexual assault, there are other ways they can be liable for letting such heinous acts happen on their watch. Some of the ways they can find themselves responsible include:
- Lack of security tools/technologies: Faulty camera systems, missing locks and lack of access to security guards can make it more difficult to prevent sexual abuse or assault. For colleges and universities, security issues can stem from poor response times to security alert systems.
- Inadequately trained staff: When employees can’t identify when someone is getting drugged at a bar or when a perpetrator is exhibiting aggressive behavior toward others, it can make intervening and stopping sexual assault more difficult.
- Ignoring dram shop rules: A lot of sexual abuse and assault situations can stem from alcohol use. When businesses like bars or restaurants fail to follow Ohio Dram shop laws or set their alcohol limit policies, it can lead to problems.
These organizations all hold a duty of care to protect their students, customers, patrons and guests. You are never at fault for suffering abuse. Learn more about how you can hold these organizations accountable by calling 888-725-0811.
Are You The Victim Of Sexual Violence? Schedule A Free Consultation Today!
I offer prospective clients a free case evaluation and consultation. If you or someone you love is the survivor of sexual violence or assault on a school campus, in an apartment building or at a hotel, call my office at 888-725-0811 or send me an email through my website to schedule your free appointment.