Yes, in Pennsylvania, you can file a civil lawsuit for assault. Assault is both a criminal offense and a civil wrong (tort), allowing victims to seek damages in court. Civil assault cases focus on compensating the victim for physical, emotional, and financial harm caused by the assault.
Of all the dangers you might encounter on private or commercial property, violence is usually the most harrowing. They must deal with the physical injuries suffered in such incidents and any psychological trauma they may also suffer. Unfortunately, many properties in Easton and other Pennsylvania regions have lax or absent security, putting many innocent victims at risk. Whether someone attacks you or tries to rob you, your injuries could lead to medical expenses, lost wages, and other hardships.
What is Premises Liability
Premises liability is the legal term for the financial and legal responsibilities a business has to visitors who get hurt on their property. When a business does not maintain a space appropriately, it may become unnecessarily dangerous for visitors. Premises liability claims often start when someone slips and falls at a store, but they can arise for all sorts of issues. Inadequate security can also be a form of negligence that leads to premises liability claims when people experience crime at or just outside of a business.
How to Sue Someone for Assault in Pennsylvania
To sue someone for assault in Pennsylvania, you need to file a personal injury lawsuit in civil court. The first step is to consult with an experienced attorney who can help you gather evidence, such as medical records, witness statements, and any available video footage. Your attorney will help file the necessary paperwork and represent you in negotiations or at trial if a settlement cannot be reached. Edward P. Shaughnessy, an experienced attorney in Easton, PA, can assist with this legal process.
Reasonable Foreseeability in Pennsylvania Security Negligence Claims
Some crimes would be impossible to prevent, as the criminals go to extreme measures to steal or assault a specific person. Other times, criminals commit what is essentially a crime of convenience, and such offenses are predictable. They will occur at places where there are large numbers of people and lax security measures.
Criminals might target parking lots without security cameras and properties without lighting. Especially in neighborhoods where there is already a notable crime rate, opportunistic crimes are reasonably predictable. Businesses that fail to account for reasonably predictable risks may be negligent and could be liable for the negative impact of their failings on their visitors and customers.
Examples of Inadequate Security in Pennsylvania Premises Liability Claims
In addition to physical assault, victims can also suffer injuries due to inadequate security. Common examples in the Lehigh Valley include poorly lit parking lots, insufficient security personnel, broken security cameras, or failure to perform background checks on staff. These forms of negligence can make an establishment liable for harm that occurs on its premises. If you were injured in a place with inadequate security, you may be able to sue the property owner for negligence.
To address injuries arising from negligent security, you may qualify for a premises liability claim to acquire financial compensation. However, you must be prepared to prove you suffered preventable harm on another’s property. Examples of potentially dangerous negligent security include a lack of
- lighting in parking lots, stairwells, and other shadowy areas.
- fences, gates, and other barriers that help keep criminal elements off the property.
- security guards or personnel in areas known for crimes against people.
- secure door and window locks in apartment buildings.
- camera surveillance to deter crimes like assault and robbery (many robbery victims suffer injuries).
Certain areas may increase the risk of an attack or an injury. For example, poorly lit parking lots, alleys, and stairways are ideal environments for crimes of violence, leading to victim injuries.
When property owners know about the injury risks associated with their premises, they must address and remove these risks. If owners fail to do so and victims are attacked or injured, a successful premises liability claim in Easton, PA, can make these victims whole again. We suggest familiarizing yourself with the premises liability laws in Pennsylvania if negligent security led to your injuries or contacting an experienced Easton premises liability lawyer at the Law Offices of Edward P. Shaughnessy.
How Much Money Can You Sue Someone for Assault in Pennsylvania?
The amount of money you can sue for in an assault case in Pennsylvania depends on several factors, including the severity of your injuries, medical expenses, lost wages, and pain and suffering. Compensation can vary widely, but in some cases, victims can recover substantial amounts, especially if the injuries are severe or involve emotional trauma. An inadequate security attorney, such as Edward P. Shaughnessy, can help determine a reasonable estimate based on the details of your case.
How Long Do You Have to Sue Someone for Assault in Pennsylvania?
In Pennsylvania, the statute of limitations for filing a personal injury lawsuit, including assault, is two years from the date of the incident. It is crucial to take legal action within this time frame, or you may lose the ability to seek compensation. An attorney can guide you through this process and ensure your claim is filed within the appropriate time limit.
How a Lehigh Valley Negligent Security Lawyer Can Help
An Easton negligent security lawyer, such as Edward P. Shaughnessy, can help by investigating your case, gathering evidence, and proving that the property owner’s failure to provide adequate security led to your injuries. This type of lawsuit can help you recover compensation for medical bills, lost wages, pain and suffering, and other damages related to the incident.
If you believe you have been a victim of assault or inadequate security, contacting a knowledgeable attorney like Edward P. Shaughnessy can help ensure your rights are protected and that you receive the compensation you deserve.
