State laws may hold property owners, such as commercial properties, liable for damages caused by sexual assault if they knew or should have known of the foreseeable risk. Potential establishments and entities this may apply to include stores, bars and nightclubs, parking garages, and apartment buildings. An attack while visiting a store or other commercial property can leave you with severe bodily harm, emotional injuries, and financial losses.

You should not be responsible for paying the monetary damages caused by someone else’s carelessness. Call today to schedule a consultation with a hard-working sexual assault injury attorney at Marrone Law Firm, LLC, if you have questions. We can explain premises liability in Philadelphia through the lens of sexual assaults.

Foreseeable Risk and Negligent Security Lawsuits

A foreseeable risk means that any reasonable person could predict the risk of harm, such as a business located in an area with higher crime rates of a similar nature. State personal injury laws allow victims to seek monetary damages from the negligent property owner if they are the victim of a sexual assault because of inadequate security measures. The plaintiff’s case could establish liability by showing there were no security guards, lighting, or cameras to protect visitors.

A court may hold the landowner responsible if they fail to protect visitors, such as store customers, by using adequate security in areas with higher crime rates. A Philadelphia attorney skilled in handling cases resulting from premises liability sexual assaults could investigate the essential evidence needed to obtain a just settlement.

Duty of Care

Duty of care in premises liability sexual assault cases refers to the legal responsibility that property owners, managers, and possessors hold to maintain safe conditions for visitors. The amount of legal obligation varies, depending on which group of visitors the plaintiff falls within.

Visitor Types

There are three primary groups of property visitors that the law recognizes:

  • The invitees are people entering premises for business, such as shopping at a convenience store, and the landowners owe them the highest duty to protect them from harm
  • Licensees are people with permission to enter a property but do so for personal reasons, such as a dinner guest, and the owners must warn them of the hazards that are not obvious
  • The third group is people who enter the premises without permission, called trespassers, and the landowner has no duty to protect them but cannot purposely cause them harm

Building a solid case to prove the visitor type is crucial for winning an award for damages.

Time Limit for Seeking Action in Sexual Assault Cases

In personal injury cases, the petitioner, including premises liability, must file the claim within the time limits of the statute of limitations. Under the Pennsylvania Compiled Statutes Annotated § 5524, the victim in a premises liability for sexual assault has two years from the incident to commence legal action in civil court.

The rule applies to seeking compensation through a settlement with the defendant’s insurance company. Failure to comply with state tort laws will result in losing eligibility to collect a payout from the responsible party.

Contact a Qualified Attorney About Premises Liability Sexual Assaults in Philadelphia

Whether you were walking through a store or in a parking garage after leaving a place of business, the property owner must protect you from foreseeable harm. While state personal injury laws allow you to seek compensation for the landowner, the rules are complex.

A skilled lawyer at the Marrone Law Firm, LLC, experienced with premises liability in Philadelphia sexual assaults, could guide you through the process and fight for a fair outcome. Call today to learn more and schedule a consultation if you need help seeking justice.