Different Types of Liability in Sexual Assault and Sexual Harassment Cases
Different Types of Liability in Sexual Assault and Sexual Harassment Cases
At Brustein Law, we understand the profound and widespread impact that sexual assault and sexual harassment can have on victims. The consequences extend beyond the victim’s physical and mental health and may affect the victim’s career, reputation, relationships, and more. It’s essential not only to ensure that the perpetrator sees consequences but also to hold accountable any individual or institution who enabled this behavior in any way. If you or a loved one have experienced sexual assault or sexual harassment in New York and New Jersey. In that case, Brustein Law empowers you to speak up and tell your truth. Let us bring credibility to your truth and help you ensure that every party at fault is held accountable for the harm you have faced.
Liability Beyond the Perpetrator
Of course, holding the perpetrator accountable for sexual assault and sexual harassment is the priority. However, they may not be the only person at fault. Many individuals and entities may share in the liability if they failed to warn, failed to intervene, or acted negligently, enabling this unacceptable behavior. Holding multiple parties accountable is often necessary to fully see justice for the harms you’ve faced and to ensure that this doesn’t happen to someone else.
Failure to Warn
If an individual knew or should have known that there was a risk of harm and failed to warn potential victims adequately, they can be held liable. Entities that may be held accountable for failure to warn include, but are not limited to:
Employers: Employers may be liable for failure to warn if they were aware or should have reasonably been aware of a pattern of inappropriate or dangerous behavior in the workplace and failed to take necessary action to protect their employees.
Property Owners: Owners of buildings or establishments where sexual assault or sexual harassment took place may be held liable if they were aware of prior incidents or had reason to believe there was a safety concern on their premises.
Event Organizers: When sexual assault or sexual harassment occurs at events or gatherings, the organizer of the event or gathering may be held accountable if they failed to implement adequate safety measures for potential risks they knew or should have known of.
Failure to Intervene
Similar to failure to warn, failure to intervene occurs when individual entities, aware of ongoing sexual harassment or sexual assault, fail to take reasonable, necessary steps to prevent or stop the misconduct. Parties that may be held liable include, among others:
Managers and Supervisors: If managers or supervisors are aware of the sexual harassment or sexual assault within the workplace and fail to intervene and put a stop to it, they may be liable.
Bystanders: In specific cases, individuals who witness sexual harassment or sexual assault and do nothing to intervene and stop the misconduct may be held accountable.
•Security Personnel: If security personnel witness or become aware of present sexual harassment or sexual assault and fail to intervene, they may face legal consequences for their inaction
Negligence
Negligence, in the context of sexual harassment and sexual assault cases, occurs when there’s a failure to exercise reasonable care, which leads to the victim’s harm or injuries. Many parties may be held responsible for negligence in these cases, including, but not limited to:
Security Companies: If a security company was contracted to protect a premise or to protect individuals at an event and fail to provide reasonable safety measures, they could be held liable for negligence.
Educational Institutions: Schools and universities may be held responsible for negligence if they were aware of a risk of sexual harassment or sexual assault on their premises and failed to implement adequate safety measures.
Transportation Providers: The company responsible for operating public transit, may be held accountable for incidents of sexual assault or harassment on their property if they did not take reasonable steps to protect the safety of their passengers.
Airlines: If sexual harassment or sexual assault happens on an airplane, the airline may be responsible if it continued to provide alcohol to the perpetrator or failed to take reasonable steps to protect the safety of its passengers.
Foster Care Agencies: If sexual harassment or sexual assault happens in a foster home that was not properly vetted or by an individual known to either have a history of sexual abuse or the foster care agency or municipality failed to take reasonable steps to protect the safety of the foster child.
Contact Us Today
If you or a loved one are a survivor of sexual assault or sexual harassment in New York or New Jersey, you don’t have to fight for justice alone. Trust Brustein Law to empower you to speak up, to guide you through the process, and to relentlessly advocate so you can see justice, prioritizing empathy and legal expertise. We’re here to support you, safeguard your rights, and stop at nothing to hold any enabling parties accountable for the harm you have faced. You have a voice and you have and staunch advocate in Brustein Law. Contact Brustein Law for a free and confidential consultation. We’re ready to start fighting for you today.