Why Sue Property Owner, and Not Assailant, for Assault on Premises?

Being assaulted is a very traumatic experience that will likely stay with you for many years. Although nothing can undo it, you may be able to file a claim to recover financial compensation for any losses you sustained as a result.

If you are successful with your claim, you can recover your medical expenses, lost income, psychotherapy costs, and more. When people hear they can file a lawsuit, they often think of filing a claim against the assailant. However, that is not always necessarily the case. In some cases, you can file a claim against the property owner.

You Can Sue Both Parties

Through a premises liability claim, you can file a lawsuit against anyone who contributed to the harm you suffered.

After an assault, you can file a claim against the assailant because they directly caused your harm. You can also file a claim against the property owner if a condition on the property contributed to the assault. For example, the parking lot of a restaurant may not have been properly lit and so, it made it easier for the person to attack you.

The Benefits of Suing the Property Owner

Sometimes, people are hesitant to sue the property owner, or they are simply unaware that this is a possibility. There are many benefits to suing a property owner for the negligent care of their premises, though. The biggest two are as follows:

  • You can identify them: It is often much easier to identify who owns a property than it is to determine who assaulted you. Perhaps there were not any video surveillance cameras on the premises that caught the act. Or, perhaps the assailant wore a mask during the attack and so, you never saw their face. Determining who owns a property is usually just a matter of asking. Finding someone you never really saw in the first place is much more difficult.
  • Insurance: Property owners usually have insurance that protects them in many situations. Property owners often carry flood insurance, theft insurance, and more. They also carry insurance that covers them if anyone becomes injured on their property. When you file your claim, you are really asking the insurance company to pay damages, and not the property owner. You are much more likely to be successful in recovering financial compensation from a major corporation than a lone person who is not covered by insurance.

A premises liability lawyer can review the facts of your case to determine if you are eligible to file a claim and whether you should file against the property owner, your assailant, or both.

Our Premises Liability Lawyer in Miami Can Advise on Your Case

If you have been assaulted on someone else’s property, our Miami premises liability lawyer can help you through this difficult time. At Dolan Dobrinsky Rosenblum Bluestein, our skilled attorneys can provide the sound legal advice you need and help you obtain the full settlement you are entitled to. Call us today (786) 504-7842 or fill out our online form to schedule a free consultation.