Amusement Park Liability For Sexual Abuse – Rape and AssaultEmployers will be held vicariously liable when an employee negligently harms a park patron. However, this duty will not always be extended in sexual assault cases. For vicarious liability to be proper the negligent act of the employee must be within his or her scope of duty or employment. Sexual assault is not an identified duty of an employee therefore it will likely always be outside of the employer employee relationship. However, other factors can still hold the employer negligent. For example if the employee has a history or conduct of assault cases or a prior record which the employer failed to identify then they can be held liable for negligent employment. Amusement park management knows or should know that their facilities are frequented by children. Therefore, they have a duty to take precautions and measures to protect not only against dangerous conditions i.e. rides, but also against potentially dangerous employees. Employees with records or prior convictions would fit that example.
Victims’ Rights – Filing a Civil Lawsuit for CompensationVictims of sexual assault have a right to seek justice, both in civil courts and criminal courts. Criminal proceedings are brought by the state. These types of proceedings are strictly for criminal charges. They will hold the abuser or aggressor criminally responsible for the harm caused.
A secondary course of action is pursuing a civil complaint. A civil cause of action seeks money damages for your injuries. Money damages can be against the amusement part, its employee or both. It is important to make sure justice is sought in both criminal and civil court. Make sure you speak with your attorney to discuss the scope of representation in the criminal matter as well as the civil matter. It is important that you are given proper representation.
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