Amusement parks are visited by millions of Americans and tourist each year. Famous parks are known to attract hundreds of thousands of daily visitors many of which are young teenagers under the age of 14. Unfortunately in certain cases these young children are sexually assaulted or molested by park employees without the knowledge of their parental guardian. In other instance victims suffer form sexual abuse in hotels and motels nearby theme parks. In such cases parents are left grieving with an intense amount of fear and anxiety. If your child has been a victim of sexual abuse at an amusement park of facility, call Downtown L.A. Law Group for a free case evaluation of your file. We are here to assist you in this time of need.
Amusement Park Liability For Sexual Abuse – Rape and Assault
Employers 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.
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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.
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Additionally, if the employee was not properly supervised, employers can be held responsible. When an employer fails to provide adequate supervision to avoid any potential harm to their patrons they can be held liable. It is important to evaluate all the elements of the case in order to hold the proper parties liable for the injuries you have sustained.
Victims’ Rights – Filing a Civil Lawsuit for Compensation
Victims 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.
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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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Help for Your Injuries – Attorney Representation
After a sexual assault the most challenging element or component of the case becomes healing. Healing can be in different forms, but will likely require long term psychological care and treatment. This type of treatment can be long and costly. It can take years to treat the psychological damage sustained as a result of this type of abuse. It is important that you obtain this type of care for your child. If your insurance provider does not allot for this type of care, speak with your attorney about referral who will work on a case lien. What this will allow you to do is obtain treatment until your case reaches a successful verdict or settlement. Our office works with dozens of qualified therapist who are part of our network. Keep in mind treatment is the most important element of your case. You want to try and get better and heal from the damage. Make sure you speak with your attorney about this component of your case.
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What is My Case Worth?
Case value is a always difficult to assess we have all of the facts. However, here are some ways to get a ball park value of your case. Consider the age of the victim, the degree of the abuse i.e. length and impact, degree of negligence by the park and or employer, if any and whether any other circumstances are at play.
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These are all important factors used to identify or determine the value of a case. However, it is always necessary to point out that no matter what our assessment of the case is, it is ultimately up to the jury to place a dollar amount to the injuries. It is impossible to measure the value of a sexual abuse case. Victims are almost always left with deep scars and no amount of money can be a substitute for your injuries. To learn more about your rights contact Downtown L.A. Law Group for a free and 100% confidential case evaluation.