We normally associate sexual assaults with dark and secluded places, but these incidents can happen anywhere, including restaurants that we visit on a regular basis. Customers are especially vulnerable in restaurant bathrooms, where it’s easy for a sexual predator to walk in and take advantage of an unsuspecting victim.
In this article, we will talk about the responsibility that business owners have for their guests and visitors, including the obligation to protect them from acts of sexual violence. Then, we will provide you with information regarding your rights and legal options if you were sexually assaulted in a restaurant bathroom. However, it’s important to note that we can only provide general information. To discuss your case in detail, contact us right way to speak with a sexual assault lawsuit attorney.
Why are Sexual Assaults so Common in Public Bathrooms?
A bathroom is a place where we expect to have the highest level of privacy and safety. Of course, privacy is compromised to a degree in public settings, where most bathrooms are meant to accommodate numerous people. Still, a restaurant is responsible for ensuring that the doors and locks on bathroom stalls are secure and working the way they should. Unfortunately, many business owner neglect hazards that can lead to a sexual assault, like broken or missing locks on bathroom doors.
Surveillance cameras are helpful as well, although you can’t place them right in the bathrooms. However, they can be positioned in strategic positions around the bathroom so that it will catch whoever is heading in that direction. Many places also have signs and stickers to alert people that the premises are under surveillance, which can serve as a deterrent to criminal behavior.
Without the right safety measures in place, customers at a restaurant are at risk of muggings, sexual abuse, and other incidents that can leave with them life-long injuries. If you were subjected to molestation, rape, attempted rape, groping and other forms of sexual abuse at a restaurant, don’t hesitate to give us a call. A
sexually assaulted in restaurant bathroom lawyer is ready to speak with you and fight for the justice you deserve.
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Can I Sue the Restaurant if I was Sexually Assaulted in Their Bathroom?
Yes, you may be eligible for a lawsuit against the restaurant where you were assaulted. Your right to sue is based on a legal concept known as premises liability. In layman’s terms, all property owners have a legal duty to take care of their property and ensure that it’s free of unsafe conditions. In addition, they must take reasonable care to prevent injury to anyone that has a legitimate reason to be on the property. If they fail take such measures, they can be sued for breaching their duty of care to the injured party.
We must also mention that business owners are liable for the conduct of their employees. Under the concept of vicarious liability, employers are responsible for injuries caused by their workers if their negligence or misconduct occurred during the course of their job duties. This is important in cases where a customer is sexually assaulted by a restaurant employee. In fact, employees have a clear advantage in these situations, as they have a better understanding of how to access the bathrooms.
In essence, there are many ways that a property owner can be responsible if someone is sexually violated on their premises. To learn more about your right to sue the restaurant where you were attacked, contact us immediately to schedule a free consultation.
Sexual Assault Incidents in California Restaurants
As we’ve mentioned, sexual assault can take place in any type of commercial setting, including your favorite fast food joint, diner, or sit-down restaurant. However, these incidents are especially common at fast food places, where lack of safety and security standards often put customers at risk. Here is a list of the most popular fast food restaurants in California where someone may become a victim of sexual assault:
- McDonald’s
- Subway
- Starbucks
- KFC
- Burger King
- Pizza Hut
- Domino’s
- Dunkin’
- Krispy Kreme
- Hunt Brothers Pizza
- Taco Bell
- Orange Julius
- Dairy Queen
- Wendy’s
- Baskin Robbins
- Hardee’s
- Papa John’s Pizza
- Little Caesars
- Carl’s Jr.
- Popeyes
- Sonic Drive-In
- Arby’s
- Chipotle Mexican Grill
- Cold Stone Creamery
- Blimpie
- Jimmy John’s
- Chick-fil-A
- Jersey Mike’s Subs
- Jack in the Box
- Panda Express
- Panera Bread
- Einstein Bros. Bagels
- Auntie Anne’s
- Chester’s International
- IHOP
- Wingstop
- Church’s Chicken
- Applebee’s
- Denny’s
- Cinnabon
- WingStreet
- Chili’s
- Five Guys
- Waffle House
- Quiznos
- Papa Murphy’s
- Firehouse Subs
- Long John’s Silver
- Buffalo Wild Wings
- A&W Restaurants
Sexual Assault Case Values
What is the average value of a sexual abuse lawsuit? How much can I expect from a sexual assault case against a restaurant?
These are questions we receive quite frequently here at Normandie Law Firm, and frankly, there’s no easy answer we can offer. Each incident of abuse has unique elements that will help us to determine the right amount of damages to ask for. One thing we can say for sure is that case values are generally high with these lawsuits; $500,000 to $3,500,000 and above is not uncommon, based on the degree of physical and emotional suffering. Liability by the restaurant is another important factor, especially if there is a history of sexual assault at the restaurant, or they attempted to conceal or destroy evidence of sexual abuse. These are acts of gross negligence, which may entitle you to additional compensation in the form of punitive damages.
Due to the many elements that are involved, we recommend that you contact us so that we can discuss the approximate value of your case during a free consultation.
Time Limit to File a Sexual Abuse Lawsuit
Statute of limitations is an extremely important topic when it comes to your rights as a sexual assault victim. As an adult, California law allows 10 years from the date of the assault to bring a lawsuit against the liable entities. Alternatively, you have up to 3 years to file a lawsuit from the date of discovering that you were sexually assaulted, or discovering a physical / mental injury stemming from an incident of sexual abuse.
If you a minor at the time of the abuse (under 18), you have up until the age of 40 to sue your attacker, the restaurant, and any other party that caused you to be assaulted in a restaurant bathroom. Another timeline you can use is the 5-year discovery rule, which allows you to file a lawsuit within 5 years of discovering the effects of childhood sexual abuse. As it can be confusing to figure out which statute of limitations to rely on, please consult one of our attorneys to verify how long you have to file a sexual assault lawsuit.
How Long is the Case Settlement Process?
All lawsuits take time and effort to resolve, but cases of sexual assault are especially complex. Based on the circumstances, it can take anywhere from 6 months to several years to receive payment from a sexual assault claim against a restaurant. Ideally, we will be able to reach a settlement with the restaurant’s insurance company and recover your payment within 6 to 12 months. If this is not possible and a lawsuit is filed, intervention from the court may be needed in order to bring about a positive outcome to your case. This can add one or more years to the amount of time it will take to settle your claim.
Can I get a Second Opinion on my Case?
Yes, we are happy to provide you with a second opinion if you have questions about a pending sexual assault claim. Many people that meet with us are upset with the lack of progress in their case, or they are unsure about the advice they’re getting from their attorney. A case evaluation from another lawyer with experience in sexual assault lawsuits is the best way to deal with these issues, or any concerns you have about your claim. This is a free service, by the way, so please don’t wait to take advantage of this offer. Give us a call and schedule a free second opinion if you were sexually abused while you were at a restaurant.
Free Legal Services for Sexual Assault Victims
A victim of sexual abuse should never have to choose between justice and covering their living expenses. That’s why we would never think to charge you for the cost of legal fees if you decide that we are the right firm to represent you. Our bills are paid by the restaurant you are suing, which we only receive if we successfully recover your settlement award. If we fail to win your case, you won’t have to worry about any legal fees, which is our promise to you under the Zero Fee Guarantee.
We know that taking legal action is never an easy choice, and ultimately, filing a lawsuit is completely up to you. But you should be aware of your rights and the legal process you are entitled to before you decide on the best course of action. That’s why we urge you to contact us and schedule a free case review or free second opinion with a sexual assault lawsuit attorney.
We look forward to meeting you and fighting for the compensation you deserve if you were sexually assaulted in a restaurant bathroom.
