Have you been physically assaulted due to the negligence of a business?Please call me today. If you were physically assaulted due to the negligence of a business (not a domestic dispute), the law may entitle you to compensation for your pain and suffering, medical bills, and lost earnings. Business owners have a responsibility to keep their property safe for customers.
Examples of physical assault cases include:
- Assaults in parking garages because of inadequate security
- Assaults on customers by employees of restaurants or bars
- Assaults in shopping malls due to inadequate security
If someone assaulted you, immediately seek medical treatment. In this type of case, the insurer for the property owner usually will try to blame you or your loved one. Alternately, the insurer may ask you to sign papers promising to pay your medical bills. This, however, will also release the insurer from any liability for your pain and suffering and other damages.
If you have questions about giving a statement to a claims adjuster, documents someone is asking you to sign, or payment of medical bills, an experienced Indianapolis physical assault attorney can help. A FREE consultation can provide you with peace of mind. I’ll personally ensure you understand your rights and the legal consequences of your decisions. I am always personally available to meet with people I represent.
There’s never a fee until you settle your case. I am committed to obtaining the best possible settlement for you. Call the Fountain Law Firm today.
Duty to Provide Security
A business that opens its doors to the public has the legal duty to keep the premises safe for patrons and visitors. This not only includes keeping the property free from fall hazards or other dangerous conditions, but also requires a company to provide adequate security to protect customers from other people who may cause them harm from physical assaults.
Assaults by a third party or an employee may take place in businesses, facilities, and institutions. The duty to protect patrons and residents applies to:
- Bars and nightclubs
- Hotels and resorts
- Amusement parks
- Daycare facilities
- Nursing homes
- Condos or apartment complexes
- Offices and other workplaces
- Retail stores
- Shopping malls and centers
Every company should know its own duty to secure the premises from potentially dangerous people.
While not every business can prevent every assault, companies should take security measures to provide reasonable protections depending on the type of business and the nature of the premises. Examples of reasonable security measures include:
- Surveillance cameras
- Doors protected by key cards (such as in hotels)
- Visitor check-in requirements, which are common in schools and workplaces
- Adequate lighting in parking and common areas
- Security guards and bouncers
Even if a security camera cannot stop an assault, the presence of such a security measure often acts as a deterrent for people who may consider entering a premises to cause harm. Without such security measures, victims may hold a business liable for assaults that occur on the property.
Inadequate Security Can Lead to Assaults
Assaults can take place because of inadequate security and negligent companies. A few situations that may lead to legal claims:
- A bar does not have measures in place to keep out risky patrons, and an overly drunk and regularly volatile patron starts a fight with another customer.
- A school does not properly supervise students or employees, and a staff member sexually assaults a student.
- A hotel allows a non-guest access to a room, and the non-guest assaults the guest when they enter that room.
- A shopping center has a dark parking garage without any cameras, and a customer gets assaulted while walking from the mall to a car.
- A hospital does not fully conduct a background check on an employee and hires someone with a history of violence, who then assaults a patient.
Many additional scenarios can lead to a physical assault because a business did not take the necessary measures to protect customers or visitors. If it happens to you, do not wait to discuss your injuries with an experienced personal injury lawyer at the Fountain Law Firm today.
Injuries and Losses Stemming From Physical Assaults
Physical assaults can come in many different forms. Some assaults involve a punch while others may involve guns or knives. Other assaults are sexual in nature and can result in physical injuries as well as sexually transmitted diseases and emotional trauma. The injuries from assaults can vary as widely as the types of assault, though the following are common:
- Puncture wounds
- Concussions and brain injuries
- Dental damage
- Broken jaws or noses
In addition to physical injuries, victims of violence can suffer from post-traumatic stress disorder (PTSD), especially in cases of sexual assault or extreme violence. PTSD can result in many symptoms and require extensive treatments. It can keep victims from working and can require medication and therapy—and they may never fully recover from such traumatic experiences.
The losses incurred due to physical assaults can cost more than just money. Common losses include:
- Medical bills for emergency treatments, hospitalization, doctor visits, medication, and more
- Lost income, because assault victims often miss work for medical appointments, due to serious injuries, or to deal with legal proceedings against assailants
- Physical pain and suffering caused by injuries
- Emotional struggles or disorders from the trauma of the event, as well as from the effects of physical injuries
- Permanent impairments, disabilities, or disfigurement caused by the assault
An experienced personal injury lawyer can review all of your losses and accurately calculate the compensation you deserve. In addition, crime victims are often eligible to receive punitive damages. While Indiana limits punitive damages, they can still provide additional compensation for injured assault victims.
Helping You Take Necessary Legal Action
Assault is a criminal offense. If police arrest your assailant, he likely will face criminal charges. However, even if he is convicted, the criminal justice process is more focused on punishing an offender than on helping an assault victim recover compensation. In addition, recovering directly from the assailant can often prove difficult—an assailant may not have the assets to provide substantial compensation.
For this reason, look at the liability of the business in which the assault took place. If a business breached its duty to provide adequate security and you suffered injuries, you can hold the business liable for negligence and all of your injury-related losses. Businesses often have insurance coverage and greater assets, which can help ensure you receive the full amount you deserve.
Contact an Indianapolis Physical Assault Injury Attorney for Help Today
The Fountain Law Firm knows how to pursue serious injury claims against companies, even though those companies will try to fight against liability. Attorney Merry Fountain is fully committed to protecting the rights of clients injured by assaults and other types of accidents. If you suffered serious injuries, please call (888) 242-HURT (4878) or contact her office online to schedule your free consultation