Madeline Lee Bryer, P.C.  Attorneys at Law Victim Rights Madeline Lee Bryer, P.C.  Attorneys at Law Victim Rights
(212-370-0630)
Madeline Lee Bryer, P.C.  Attorneys at Law Victim Rights Madeline Lee Bryer, P.C.  Attorneys at Law Victim Rights
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CIVIL LAWSUITS FOR MONEY DAMAGES

Under certain circumstances a sexual assault survivor can sue a landlord, hotel owner, or employer for negligently creating a situation in which a rape, attempted rape or assault occurred. For example, a landlord failed to properly secure an apartment, school, office or parking lot. Or an employer or a school failed to properly do a background check on the building superintendent, doorman, painter, mover or some other category of employee. These lawsuits are civil actions in negligence for money damages.

Negligence actions must be started within a specified period of time known as the statute of limitations. The statute of limitations depends upon whether the person or party being sued is a municipality, a state, or a private entity and whether the survivor is a minor under the age of 18 or a person "under a disability". Because the statute of limitations ranges from 1 year 90 days to three years and some require filing a notice of claim within 90 days of the assault, the survivor or the victim's family should consult with an attorney at the earliest possible time.

A survivor can sue the perpetrator for money damages. The statute of limitations is one year for these "intentional torts". If the survivor was an infant at the time of the assault, as is the case for most incest survivors, the one-year statute of limitations starts to run upon the survivor turning 18. Please note that the statute of limitations varies from state to state. If an incest survivor was assaulted in another state, the other state may have a longer statute of limitations or the statute of limitations may not start to run until the date of discovery of the injury. The best thing to do, therefore, is to consult an attorney.

CAUTION: THIS IS A NEW AND CHANGING AREA OF THE LAW. EACH SURVIVOR INTERESTED IN BRINGING A CIVIL LAWSUIT SHOULD CONSULT AN ATTORNEY. AN ATTORNEY SHOULD BE CONSULTED AS SOON AS POSSIBLE TO OBTAIN AND PRESERVE CRUCIAL EVIDENCE.

MADELINE LEE BRYER, ESQ.

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