Is the insurance provider of an employer obligated to cover incidents of sexual assault? Recently, a California Supreme Court ruling regarding the rape of a 13-year-old girl has made insurers liable for rape—after classifying rape and other sexual assaults as accidents for insurance purposes. In general, insurance coverage does not apply intentional actions (such as rape); therefore, the decision on this case is groundbreaking.
The Claim for the Minor’s Rape
Darold Hecht, a 34-year-old man, was hired by Ledesma & Meyer Construction Company. Hecht was hired to provide supervision to a construction project at a middle school in San Bernardino, California. Hecht was hired for a position at a middle school regardless of him being a registered sex offender. Unfortunately, Hecht’s access to minors resulted in the rape of a 13-year-old middle school student.
A claim was filed by the victim and her parents against the construction company alleging that the company’s negligent hiring and supervision resulted in the girl’s rape. However, the insurance company denied financial responsibility for the incident because the assault was an intentional act.
Consider the following statements:
- Hecht’s (the employee) intentional actions resulted in the 13-year-old’s rape.
- Ledesma & Meyer’s (the employer) negligent hiring/supervising practices in terms of allowing Hecht to work at a middle school even though he was a registered sex offender led to the girl’s rape.
In other words, Hecht intentional actions directly contributed to the girl’s harm while the employer’s negligent actions. If rapes are intentional—which they undoubtedly are—why can rape (and other forms of sexual assault) be covered under insurance as accidents? The court reasoned that the intentional actions of the employee are irrelevant. Since the employer is the insured party, it is the employer’s actions that matter. In other words, the actions of the insured (the employer) must represent the beginning of the chain of events (or actions) that eventually resulted in the victim being harmed. For instance, Ledesma & Meyer negligently hired and supervised Hecht (the beginning of the sequence of events); therefore, Hecht was at liberty to act maliciously and intentionally to rape the 13-year-old.
Because of the court reasoning mentioned above, rapes—and all other forms of sexual assault—are considered accidents in terms of insurance. Therefore, the insurance company would be forced to cover the rape of the minor as it would have covered any other personal injury incident under the policy. Without a doubt, this case is relevant and will continue to be relevant.
Relevancy to Rideshare Sexual Assault Claims
How often have you used Uber or Lyft’s rideshare services to conveniently get to your destination? Have you ever felt unsafe while riding in an Uber or Lyft? How often have you become aware of incidents involving these rideshare drivers subjecting passengers to sexual assault? With the increase in popularity of both Uber and Lyft, the incidents involving the sexual assault of passengers have also increased.
Unfortunately, liability for the sexual assault of both Uber and Lyft passengers has always been unclear. These rideshare giants have constantly renounced liability for the actions of their drivers, based on the fact that their drivers are independent contractors. However, the constant instances of Uber and Lyft passenger assaults are direct results of negligent hiring practices.
How are Uber and Lyft both negligent in terms of hiring their drivers? The rideshare companies allegedly subject all prospective drivers to rigorous eligibility requirements, including background checks. However, people with criminal backgrounds and histories of violent crimes have continuously been allowed to drive—putting innocent victims at risk.
Based on the case mentioned above, these rideshare companies could be held accountable for the intentional and malicious actions of their drivers. Since sexual assault could now be categorized as a personal injury accident, both Uber and Lyft’s insurance policies could cover the harm suffered by the victims of sexual assault at the hands of their drivers.
Normandie Law Firm
Were you a victim of sexual assault at the hands of your rideshare driver? Did a member of your family suffer sexual assault, such as rape or groping, for example, during an Uber or Lyft ride? If you or a member of your family were affected by the negligent hiring practices of any rideshare company, you might have grounds to pursue a sexual assault claim against Uber or Lyft. You must contact the knowledgeable attorneys at Normandie Law Firm as soon as possible to discuss your sexual assault claim with our lawyers.
Are you interested in discussing your claim with our attorneys? If so, you must contact our firm and inquire about benefiting from our free consultations and free second opinions. During our free consultations and free second opinions, our sexual assault lawyers will answer all your questions and address all your concerns—providing you with all the information that you need to pursue a successful claim. Whether you were previously affected by an incompetent lawyer or you are trying to get more information before you start your claim, you could trust the lawyers at Normandie Law Firm.
Our firm is based on a Zero-Fee guarantee; therefore, you will never be required to pay for any upfront legal expenses. Our firm is also based on contingency. You will never have to pay anything for our legal services until your claim reaches a successful outcome. To discuss your Uber or Lyft sexual assault claim with our attorneys, do not hesitate to contact our experienced lawyers as soon as possible.
