Haunted houses are generally dark locations with a fair amount of workers and patrons. The presence of alcohol, the darkness, and the generally scary environment means that sexual assault can happen at any time
. There have been horror stories of women being dragged outside and raped or assaulted, and their screams of help were interpreted as coming from the speakers or from workers who wanted to scare the others in the house. It is important that you fight back during a sexual assault and you try to escape at all costs
. It is equally important that you contact the police, get medical assistance, and file a claim against the haunted house company
. Our team of attorneys at the Downtown LA Law Group
will be able to help you. If you are in need of a haunted house sexual assault lawyer
, we can make sure you are properly covered.
How can I file a sexual assault claim against a haunted house?
To file a sexual assault claim against a haunted house
, you must be able to prove that some party was negligent. The different entities at haunted houses can make this difficult, though. For example, if you were assaulted by another patron, you could specifically target that individual in a claim. Further, if you were assaulted by a worker at the haunted house, you could target the company that put on the show.
If you wish to file a sexual assault, be aware that it is essentially assault and battery, as there is no separate claim that incorporates the sexual element. Assault occurs when an individual feels threatened by words or actions; battery is the ensuing physical contact or injury. Sexual assault can include the following:
- Groping body parts
- Unwarranted touching and fondling
- Forced sexual acts
- Sexual abuse
- Sexual exploitation
- Unsolicited photos and requests for photos
- Lewd statements and remarks
In a haunted house, it is most common to experience groping, touching, forced acts, lewd remarks, and rape. The others are generally more rampant in prolonged settings or environments.
You can sue the individual by filing a personal injury claim, as the individual owed you a duty of care to not harm you but breached it, which caused an incident and physical harm. However, the individual is not solely responsible – the haunted house can also be held accountable in some ways.
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A haunted house company can be held liable if the assault
happened because of a worker there, or because the house was not properly protected. For example, if rooms could be entered and locked from the inside, or if there were sections of the house where people could hide and attack others with no repercussions, you could sue. You would be able to file a premises liability in some cases, but when it comes to employees and the protection of customers, you would have to prove that the company was negligent. For instance, it can be held liable if it hired workers who have a known history of sexual assault or assault and battery in general, or if it hired someone who was a sex offender when the haunted house was deliberately geared towards young children. A lack of background checks, adequate protections, and the like can be enough to hold the company liable.
To file a lawsuit, you can collect the following kinds of proof:
- Photos of the damages you suffered
- Pictures of any spots in the house that were conducive to assault
- A receipt showing you paid for entry
- A copy of the police report
- Eyewitness statements and testimonies from anyone who saw the assault happen or who were also sexually assaulted by someone at the house
- An incident report with the company
Once you have gathered the necessary proof, you can reach out to a skilled lawyer for more help. We will organize your proof, hire expert witnesses, and present your claim to the insurance agency. We will litigate it from start to finish to ensure that you are protected and receive the compensation you deserve.
What can I receive if I sue a haunted house for sexual assault?
Individuals who were sexually assaulted while at haunted houses should pursue appropriate legal action and get payment for the damages they suffered and coverage for the debts that piled on after the incident. Victims could be scarred for life, for one, and may need a large settlement to pay off the expenses they racked up. Our team of expert sexual assault attorneys at the Downtown LA Law Group will see to it that you receive the following damages:
- Medical expenses from the ensuing treatments at the hospital, like surgery, medication, psychical therapy and rehabilitation, and more
- Property damage to cover any personal items that were lost or damaged in the incident
- Lost income from the time you could not return to work to earn your wages, or future missed wages if you were out of your job due to medical treatment, recovery time, and more
- Pain and suffering damages to cover emotional trauma, anxiety, fear, PTSD, psychological anguish, and more
There is also the opportunity for you to receive punitive damages in the case. Punitive damages are additional forms of monetary compensation that are handed out in times of gross negligence or when the party intended to cause you harm. They are meant to dissuade the individual from committing the actions again. The damages are hard to acquire, though, and are generally only able to be won by a skilled lawyer because they are viewed as unnecessarily harsh or excessive.
If you come to our firm for assistance, we will strive to bring you the maximum settlement available under the law. No one should be sexually assaulted at a haunted house, and if you were violated in such a manner, you could take legal action.
How long do I have to sue for a haunted house sexual assault lawsuit?
The statute of limitations in California to file a personal injury lawsuit
or sexual assault claim is 2 years from the date of the injury
. If you do not file a claim within that time period, you will be unable to collect any compensation in the future. The statute of limitations exists because it allows both parties enough time to prepare evidence and to have no blatant advantages or disadvantages over the other.
This 2-year limit can be extended though, in some situations. For example, if the victim was under the age of 18 years old, the statute of limitations can be extended and will begin when they turn legal age. This is because minors cannot legally sue, although they can be represented on behalf of a parent or guardian. Additionally, the defendant must be present in California if you intend to file a claim. If he has left the state or the country the statute of limitations would be extended to match the time he has left, and it would resume when he returns.
The principal reason that many individuals fail to file their claims on time is because they do not know when the state of limitations runs out. If you come to our firm, we will file your lawsuit on time and ensure that you do not miss a single deadline.
Why Pick Our Firm
The Downtown LA Law Group
is known for its aggressive attorneys and for our history f success. We have spent years litigating sexual assault claims and premises liability claims
against companies with negligent owners. The workers, other individuals on the property, and patrons can all act unscrupulously or even engage in violent acts. We know the best methods for success and will do everything in our power to bring you the fairest settlement available for your case. If we have to go to court to win your claim, we are willing to do so, and we will defend your rights as a human and victim in front of a judge and jury.
For a free legal consultation
, don’t hesitate to reach out to our firm. We are available 24 hours a day, 7 days a week, and you can always reach us. Our free consultations are also totally private and confidential – none of your details about the case or your personal life will be shared outside of our office walls. We believe in total privacy. During the consultation, we invite you to ask us any questions you want, and we will ensure that you get the answers you need. We will tell you how much we think the claim is worth, what you can do to move forward, and more.
If you hire us to represent you, we will also give you our zero fee guarantee for your case. This states that you will never touch your savings for the claim – we will cover the costs ourselves from start to finish, and if we win, our fees will be paid as a portion from the settlement we bring you. If we lose, we do not get paid anything at all, and you can walk away with no debt to our firm while we eat the legal costs.
If you were sexually assaulted at a haunted house
, contact the Downtown LA Law Group