There are two ways to collect civil damages cases for victims of violent crime. Cases may be brought directly against the assailant or the case may be brought against "third" parties who contribute to the occurrence of the crime. A "third party" case may include:
A) Landlords of who are required by law to provide adequate door and window locks. In cases where criminals gain entry into residences through negligent security and commit violent crimes, landlords (or building management) have been found liable for the injuries to the occupants.
B) Employees of a company commits a violent act and injures another person, the employer may be held liable for the resulting injuries if the employer knew about the dangerousness of its employee. A bar was therefore held liable for the violent acts of its bouncer because the bouncer had a criminal record.
C) Transit authorities such as the MBTA are obligated to protect the safety of their riding patrons from criminal violence, where the violence can reasonably be anticipated. So the "T" may be held responsible in some cases for violent crimes in the station or train.
D) There are many other situations where third parties may be considered responsible for injuries resulting from violent crime where a legal duty is owed. Such as:
- Colleges and universities or other schools can be liable for the rape and other assaults of students on campus.
- convenience store owners for injuries to patrons resulting from crime.
- daycare centers for failing to protect children from sexual assaults.
Each case must be evaluated upon its own facts by an experienced attorney to know if there is a potential claim.
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