In Pennsylvania, aside from a criminal case, a victim of a sexual assault can bring a civil case for the assault. There are, though, some realties to consider. First, the biggest question is that the defendant who committed the act may likely not be able to personally pay an award or judgment. Then, the question becomes, is there any insurance coverage. Most likely, the defendant won't be covered under personal insurance for an intentional act. However, there may be a third-party who is also responsible. For example, if it happened at a public place, such as a parking garage, bar, or commercial property, there may be a case for negligent security.
Another instance could be if it occurred at a place of employment, or the defendant was or should have been under the control of a company or some other third party.
The potential grounds for negligence of such a third-party could also include:
Negligent retention/hiring of employees
Negligent failure to supervise their employees
Premises liability or
Negligent failure to supervise child-victims
These are obviously very traumatic and emotional cases. Potential claims for damages can include:
Pain and Suffering
Negligent Infliction of Emotional Distress and/or
Intentional Infliction of Emotional Distress
Invasion of Privacy
Assault
Battery
Negligence (by a third-party)
Lost wages/earnings
Medical Bills
If you would like more information, feel free to contact us.
David Schreiber
Of Counsel
Law Offices of Thomas Wolpert, P.C.
(610) 792-3304
www.PAinjurycase.com
www.thomaswolpert.com
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