Were you sexually assaulted in a public bathroom while you were at a nightclub? Are you wondering about your rights and legal options as a victim of sexual abuse? Sadly, these incidents occur all too frequently at nightclubs, bars, strip clubs, and other places of entertainment throughout the Los Angeles area.
Of course, acts of sexual assault can take place anywhere, and some of these incidents can’t be blamed on anyone but the perpetrator. But there are situations where a sexual assault took place due to lack of security measures, and this is particularly true in public bathrooms. Under the law of premises liability, you may have the right to sue the owner of the property as a victim of sexual assault in a nightclub. For more information regarding your rights and legal options, please take a moment to contact our office.
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Causes of Sexual Assault in a Nightclub Bathroom
As we mentioned before, sexual predators take advantage of victims in all types of settings. But some places are more likely to have these incidents than others due to the nature of their clientele and their business hours. A nightclub, for example, is open from late at night to the early hours of the morning. These places often have indirect, colored lights that are best used in dark settings. Even areas that should have bright lighting, like corridors and alleyways behind the club, are typically dark and dingy.
Nightclubs also serve drinks – and plenty of it, to the point where it’s not unusual for people to become intoxicated. This can make someone very vulnerable to incidents of sexual assault, while increasing the propensity for violence in others. Clearly, this is a perfect storm for incidents of sex abuse, which nightlife venue owners are well aware of.
Liability by Nightclub Owners for Incidents of Sexual Abuse
In this section, we will talk specifically about the responsibility that nightclub owners have to prevent dangerous incidents in their bathrooms. California law requires owners to take precautionary measures in order to minimize the possibility of injuries to others. This includes keeping the property clean and free of dangerous conditions like water leaks and exposed wiring. If the property is used for commercial purposes, additional measures must be taken, like installing security cameras throughout the premises.
Now, we can all agree that security cameras should not be placed inside a bathroom, where people clearly have an expectation of privacy. However, cameras should be placed along corridors where the bathrooms are located, or in other areas that will catch people going in and out of the bathrooms. Many places also put up signs to advise people that they are being monitored 24/7, which is a warning to anyone with criminal intentions.
Of course, cameras can’t actually stop anyone from going inside the bathrooms, and that’s why extra security measures are needed inside the facilities. All bathroom stalls should have locks that are sturdy and fully functional at all times. Unfortunately, we’ve all gone into a public bathroom where one or more stalls have broken locks or ones that are not as secure as they should be. This opens up the possibility for assault and battery incidents, including sexual assault in a public bathroom.
Human intervention is another critical factor in securing the premises at a nightclub. As you know, these places generally have bouncers or other members of security throughout the premises. Many times, customers go to them with concerns about a suspicious or aggressive individual. If their concerns are ignored and there is a sexual assault later on involving the individual, the nightclub may be liable for the victim’s physical and emotional injuries.
Compensation from a Sexual Assault Lawsuit
Those who are sexually abused can seek a wide range of compensation from the responsible parties. These include the cost of medical bills, lost wages, and damage to any personal belongings. Victims can also ask for non-economic damages, such as pain and suffering and mental anguish. If the case goes to trial, a jury may award punitive damages on top of the settlement award if liability by the defendant was especially reckless (gross negligence).
One question you probably want to ask is: what is the average case value of a nightclub bathroom sexual assault lawsuit?
The best we can say is that case values are fairly high when it comes to incidents of sexual abuse. Settlements recovered by our attorneys are almost always in the 6-7 figure range, with the highest payments exceeding $5,000,000. However, the more important question is: what are you entitled to, based on your own degree of harm and suffering? Our lawyers are here 24 hours a day, 7 days a week, if you would like to discuss the approximate value of a nightclub sexual assault lawsuit.
How Long Does it Take to Reach a Settlement?
Based on the legal actions that are required, it can take anywhere from a few months to several years to resolve a civil lawsuit for sexual assault. Some of these cases are taken to court, but we want to assure you that over 95% of all sex abuse injury claims are settled without the need for a trial. However, it can take one or more years before a settlement is reached. This is due to the fact that accusations of sexual assault can ruin a business and damage people’s standing in the community on a permanent basis. Those who caused or contributed to the incident generally fight hard to deny liability, which is why it’s important to have a skilled sexual assault lawsuit attorney by your side.
Statute of Limitations to File a Lawsuit for Sexual Assault
If you were 18 years or older at the time, and the incident took place on or after January 1, 2019, you have 10 years to file a sexual assault lawsuit. There is another standard you can go by, which is known as the discovery rule. Essentially, some people may not find out until a later date that they were sexually assaulted. This is possible in situations where you may have been heavily intoxicated or drugged, which is commonplace in bars and nightclubs. It may also take time before you notice physical injuries and/or psychological damage stemming from the assault. This is why the law allows you 3 years from the date of discovery to sue the liable entities for incidents of sexual assault.
You can base the deadline for a lawsuit on whichever of these dates comes later, so we advise that you speak with a California sexual abuse lawyer to confirm the amount of time you have to file a sexual assault compensation claim.
Contact Our Law Firm
Learning about your legal rights is critical to the process of holding someone accountable when they’ve caused you harm and suffering. With sexual abuse, liability for a victim’s injuries is a complicated subject, and it’s best to seek legal advice from a lawyer with experience in premises liability lawsuits.
We have been representing the interests of sexual abuse victims for many years, and we understand the nuances that are involved with these lawsuits. You can count on us to take immediate action on your case and bring you the compensation you deserve if you were sexually assaulted due to lack of security at a nightclub. We are ready to help, no matter how far you along you are with your case. Even if you have an existing lawsuit, we are happy to provide you with a free second opinion in case there are issues you’d like to discuss with another attorney.
As we work on a contingency fee basis, there’s no need to worry about legal fees. We receive a portion of your settlement check at the end of your case, which means we don’t get paid unless you do. That’s our promise to you under the Zero Fee Guarantee, whether you wish to start a claim with us or continue an existing lawsuit.
Contact our law firm at your earliest convenience and schedule a free consultation. We look forward to fighting for you and the justice you are entitled to.
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