California is the third most expensive state to live in, so it’s not surprising that so many of its residents choose to live with roommates. It can be a great situation when roommates are compatible and share equally in the living expenses. But other shared living arrangements are far from ideal. Of course, we all expect clashes and personality differences with other members of the household from time to time. After all, two different people with no previous knowledge of each other are coming together to share a residence. Essentially, you are taking a chance the person you choose to room with, and that choice can sometimes have devastating consequences.
Violence, in the form of sexual assault or assault and battery, is one of the worst consequences of moving in with someone you don’t know. Sadly, the rate of violence between roommates has soared in the last two years, with a 20% increase in the number of sexual assaults and physical altercations. This increase is directly tied to the COVID pandemic, as many people lost their jobs and were in need of extra funds or a place to live. Roommate apps took advantage of this demand, and are still in heavy use by renters or homeowners looking for a steady cash source. These platforms are convenient and easy to use, but what happens if someone is sexually or physically assaulted by a roommate they met on the app?
Are you a victim or rape or some other form of sexual assault that was committed by a roommate? Have you been injured as a result of being physically attacked by a roommate? If the perpetrator was someone you met on a roommate app, you may be asking yourself the following questions:
- What are my rights if I was sexually assaulted / physically assaulted by my roommate?
- Can I sue the app that connected me with my roommate?
- What if I don’t have physical injuries – do I still have a case against them?
As a victim of sexual assault or assault and battery, you have rights and legal options to compensate you for your damages. But there is a limited amount of time to file a lawsuit for monetary compensation. For information on how to file an injury claim, contact our office and speak to the personal injury lawyers of Normandie.
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How Roommate Apps Work
There was a time when you had to scour the newspapers or classified boards like Craigslist to find a roommate. That all changed with the advent of mobile apps, which made it possible for anyone with a smartphone to find a new home or roommate.
Each roommate app has their own system for connecting potential roomies. Some apps use an algorithm based on questions you answer about yourself and what you’re looking for in a housemate. Then, they match you with other users who have similar profiles. Others are designed like dating apps, where you can “like” profiles and chat directly through the app. Regardless of how they work, you should only use a roommate app that thoroughly screens their applicants. Some apps offer multiple forms of screening, such as criminal background checks and government ID verifications. These methods don’t guarantee that you won’t be harmed by a roommate, but they do keep out the vast majority of dangerous individuals.
As for which app is right for you, here are the 10 most popular roommate apps according to rent.com.
- Roomi
- Roomster
- RoomEasy
- SpareRoom
- BunkUp
- Circle
- Cirtru
- RoomieMatch
- Diggz
- Roomaters
What to do if you’ve been Attacked by your Roommate
An assault and battery or sexual assault committed by a roommate is extremely frightening. You no longer feel safe in your home, or you may have to leave and find a new place to stay. We know this is a very stressful and confusing time, but criminal and civil actions are available to help you achieve justice against your attacker. But your chance for a successful outcome depends on the steps you take right after the event.
- Call 911 or the police.
If you have physical injurie that require medical attention, call 911. Otherwise, call the police and have an officer come out to you so that a police report can be filed. This is the most important piece of evidence in a case of physical or sexual assault, whether you are filing criminal charges, pursuing a lawsuit, or both.
- Get medical attention.
After speaking with the police, make sure to go to a hospital. Even if your injuries don’t seem that serious, treatment will prevent them from getting worse. If you were sexually assaulted, the doctor may be able to collect DNA evidence from your body or clothing, which will be stored in a rape kit. Keep records from therapy sessions as well, since emotional distress is a critical component in lawsuits involving assault.
- Collect evidence.
Make sure to keep all evidence, like your police report, medical bills, proof of lost wages, and anything else that shows the damages resulting from your attack.
- Seek legal advice from a personal injury lawyer.
Legal advice is essential to protecting your rights and ensuring that claims for damages are filed in a timely manner. A personal injury lawyer can advise you in many important areas, like whether to file a lawsuit before pursuing a criminal prosecution. Both legal options are available to you, but there are pros and cons to the order in which you take these actions.
The laws governing third party platforms are complicated, and it’s very likely that you will face resistance from the app’s insurance company. In the next section, we will talk about your right to sue a roommate app for monetary compensation.
If you’re in need of legal representation against a roommate app, the lawyers of Normandie are here for you. We look forward to addressing all your concerns during a free consultation.
Can I Sue the Roommate App where I met my Attacker?
Yes, roommate apps can be sued if their negligence led to an incident of sexual assault or assault and battery. These platforms often try to deny liability by saying that they’re a third party platform, and the account holders are responsible for whatever happens between them and who they meet off the app. In fact, you may have been told this by the app’s representatives when you called to report the incident.
At this point, you are probably confused and wondering “Are they liable for sexual assault / assault and battery if I was attacked by a roommate?”
Here are the facts: roommates are people who meet for the purpose of living together. Thus, roommate apps have a degree of responsibility to ensure the safety of their users. A thorough screening procedure is one method that can be used to prevent criminal acts like rape and psychical assault. So if the roommate app’s failure to do background checks leads to a user beating up their roommate, the victim may be able to sue the app for their injuries. The company can also be responsible if they received complaints about one of their users, but still allowed them to remain on the platform.
There may be other ways that a roommate app is liable for your sexual assault or physical altercation. To discuss your case with an experienced attorney, please give us a call at your earliest convenience.
Lawsuits for Emotional Distress
This is a very important topic when it comes to sexual assault lawsuits. Most people assume that personal injury claims only refer to physical harm, so a victim with little to no visible injuries cannot file a lawsuit for damages. That is not true, however, as the emotional trauma of sexual assault can be just as damaging as physical injuries. In fact, emotional distress is much harder for most victims to recover from, as it manifests into mental health disorders like PTSD, panic attacks, insomnia, and depression. Managing these issues normally requires therapy, possibly for the rest of the victim’s life. Mental health disorders can also affect a person’s ability to perform their job duties, which can lead to financial hardship. Compensation is needed to recover from these losses, and various emotional distress lawsuits throughout the country prove that these cases have merit.
In all honesty, emotional trauma cases are difficult to win. You will need an experienced sexual assault lawsuit attorney to fight for you, which we can provide here at Normandie Law Firm. If you’re interested in learning more about lawsuits involving PTSD and other forms of emotional distress, don’t hesitate to contact our office.
Statute of Limitations for Filing a Lawsuit
Statute of limitations refers to the amount of time a victim has to file a lawsuit for damages. If you are suing for assault and battery, you have two years from the date of the incident to pursue a claim for monetary compensation. Sexual assault claims, on the other hand, have a 10 year statute of limitations as long as the incident occurred on or after January 1, 2019. Claims prior to January 1, 2019 have to be pursued within 3 years from the date of the assault.
California is thankfully a generous state when it comes to sexual assault compensation. Still, it’s in your best interest to take action as soon as possible. As time goes by, testimony and evidence becomes harder to obtain in these cases. That gives the liable parties more ammunition to deny your claim, or say that your injuries are not as serious since you didn’t report them right away. If your case goes in front of a jury, waiting to seek damages can hurt your credibility, even if you have strong evidence. Settlements are still possible in these lawsuits with help from an experienced attorney. However, it will be more difficult and time-consuming to achieve victory, so please speak to an attorney right away if you’ve been attacked by a roommate.
Contact the Personal Injury Lawyers of Normandie
Mobile app platforms have revolutionized the way we meet people and interact with them. There are risks to meeting people this way, but that’s to be expected no matter how two individuals connect. But coming together to share a home poses a greater risk of harm when one of the roommates has a history of violence. Companies like roommate apps, rideshare apps, and food delivery platforms continue to deny liability, arguing that they’re not responsible for what happens off the app. But previous verdicts and on-going lawsuits are proof that these companies have a duty of care to ensure the safety of their users.
If you’ve suffered assault and battery and/or sexual assault at the hands of someone you met on a roommate app, you may be able to sue the app for your physical and emotional damages. Skilled legal representation is essential to recovering the compensation you deserve, but legal fees may be keeping you from making that call. If so, let us put your mind at ease with our Zero fee guarantee. Under this policy, you will never pay upfront for the work we do on your case. The only way we get paid is when you receive your settlement award. And if we don’t win, the costs are on us and you will not be responsible for any legal fees.
The only thing you have to do is contact our office and schedule a time to speak with one of our attorneys. Call Normandie Law Firm and learn what you can recover from a lawsuit against a roommate app.
