It’s not something we like to think about, but sexual assault and other forms of sexual misconduct can take place anywhere we frequent in our daily lives. But few of us think about the possibility of sexual abuse in an elevator. This is particularly true in places you are familiar with, like the building you live in or enter and exit all throughout the day for work.
Unfortunately, sexual predators take advantage of the fact that it’s easy to trap a victim inside an elevator. And most of us have heard someone yell “hold the elevator” and reach out a hand to stop the doors from closing without thinking twice. Or, there is already someone in the elevator when you get in, but you have other things on your mind, like replying to someone’s text or thinking about what’s waiting for you at work. In short, you are completely caught off guard when you are physically attacked or abused inside an elevator. Incidents of sexual abuse in an elevator include:
- Rape and other forms of sexual assault
- Someone masturbating or exposing their genitals in front of you
- Being subjected to unwelcome sexual comments or sexually explicit material
- Being solicited for sexual favors
As a sexual abuse victim, it’s essential to speak to an attorney who can advise you of your legal rights. Whether you wish to file charges, sue for monetary compensation, or both, the sexual assault lawyers of Normandie are with you every step of the way. It all starts with a free consultation, which you can schedule by contacting our office.
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Your Right to Sue as a Victim of Sexual Abuse in an Elevator
People understand the concept of taking legal action against the person that caused them to suffer an injury, but the person that assaulted you is not the only party you can sue if you were abused inside an elevator. Depending on the circumstances, you may have grounds to sue the owner of the property, like an apartment leasing company, a corporation, or a government agency.
The main legal principle that determines your right to sue is premises liability, or the duty of property owners to engage in reasonable / safe conduct that keeps others from being injured. By owner, we are talking about homeowners as well as entities, like businesses, condo boards, and leasing companies.
Essentially, there are many precautions that property owners have to take when it comes to security measures for the prevention of criminal activity. Of course, they cannot be held responsible for every incident of assault, theft, etc. on the premises. Rather, an owner’s duty of care is based on what they did to minimize the possibility of harm to residents, guests, and visitors. For example, did the owner:
- Install security cameras in and around the elevator, which can serve as a deterrent to those that are looking to sexually abuse someone?
- Are there exits and entrances that are supposed to stay locked, but are left open on a regular basis by staff members in the building?
- Was the elevator’s emergency stop button broken, therefore preventing the victim from getting the attention of security or others who could have helped them?
- Was the building owner aware of previous sexual assault incidents, but failed to take additional security measures?
These are not the only examples of negligence that can result in sexual abuse, but they give you an idea of how owners may be responsible if someone is sexually abused on their premises. We can talk more about your right to a lawsuit and the compensation that’s available to you during a free, confidential case review.
Sexual Abuse Case Values – What is my Lawsuit Worth?
Settlements on behalf of sexual abuse victims are generally in the range of 6 to 7 figures, with many cases exceeding the $1,000,000 mark. In our experience, incidents of sexual assault against children generate the highest payments, but the age of the victim is less relevant than the act of abuse and its impact on the victim’s emotional and/or physical health. Negligence by the property owner is another critical factor. We have had a number of cases that were settled for $3,000,000 or more due to excessive disregard by the property owner for the safety of others. With all the issues that are involved, you should contact our law firm right away and talk to a lawyer who can help you figure out the value of your lawsuit.
How Long Do Sexual Abuse Lawsuits Take to Settle?
It takes anywhere from a few months to over 3 years to settle a sexual abuse claim against a negligent property owner. It’s hard to quote an average timeline to reach a settlement, but we would say that lawsuits for sexual assault generally take 6 to 18 months, with the majority of cases taking over a year. This is due to a variety of factors, including the process of negotiating a fair amount of damages, which is largely based on emotional trauma. This is a very complex area of personal injury law, so please make sure to obtain representation from an experienced sexual abuse attorney.
What is the Deadline to Sue for being Sexually Assaulted in an Elevator?
A lawsuit filed on behalf of an adult victim has a 10-year statute of limitations. That means you have 10 years from the incident date to sue the liable entity if you were 18 years or older at the time. In the event you were a minor, your time limit to file a sexual abuse lawsuit is 22 years of when you turn the age of consent, which is 18 in California.
The deadline for child sexual abuse lawsuits may be extended if the victim has a delayed discovery of a mental or physical health condition that’s related to the trauma from sexual assault or exploitation. This is very common with minors, who typically keep traumatic memories to themselves, as it’s incredibly difficult to deal with the shame and guilt of what they experienced. That’s why the recognition of anger issues, suicidal thoughts, using drugs, etc. associated with child sexual abuse can take many years to achieve.
With the discovery rule, it does not matter how old you are when you realize the harm you’ve suffered. Starting from the date of realization, you are allowed 5 years to sue for being sexually abused in an elevator.
Legal Advice from a Sexual Abuse Lawyer
The lawyers of Normandie Law Firm are ready to provide you with advice and guide you through the legal process of filing for compensation for an incident of sexual assault. If you’re worried about the cost of hiring a sexual abuse attorney, we assure you that you will never pay out of pocket when you become one of our clients. The Zero Fee Guarantee is our way of charging the negligent property owner for the cost of legal fees. This is included in the payment you receive from a successful lawsuit, so in other words, winning your case is the only way we get paid.
If you’re ready to explore your rights and legal options with one of our attorneys, please contact our law firm.
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