When Perpetrators Aren’t the Only Ones at Fault: Third-Party Liability for Violent Crimes

From assaults to sexual crimes to homicides, violent crimes of all types can inflict life-altering trauma on victims and their loved ones. While the criminal justice system seeks to prosecute the perpetrators of these crimes, it typically does not provide victims with financial compensation to help them recover from their physical, psychological, and other types of harms. Therefore, victims (or their family members in the case of a homicide) may choose to pursue civil claims against those who may be held responsible for the crime—and in certain cases, this includes third parties unrelated to the perpetrator.

Negligent Security

One of the most common types of cases in which a third party may be held liable for a violent crime are those involving negligent security. A subcategory of premises liability law, negligent security cases arise when a business owner or manager fails to take reasonable steps to ensure safety and prevent crime on their property, or fails to warn customers, guests, or visitors about a known danger.

For example, if a business owner knows that their property is located in a high-crime area or is likely to be a target for criminal activity (which is common for businesses such as banks and convenience stores), the owner’s duty may include implementing proper security measures, such as adequate lighting, cameras, alarms, or security guards. If the business fails to take these steps and a violent crime occurs on the premises, the victim may be able to successfully pursue a negligent security claim against the business.

Employer Liability

Another situation in which a third party may be held liable for a violent crime is when the criminal perpetrator was employed by the third party in question. Cases of violent crimes and other intentional acts invoke theories of employer liability such as negligent hiring and negligent supervision. For instance, if an employer hired the perpetrator without conducting an adequate background check or had ignored complaints about the perpetrator’s behavior prior to the crime, the victim may claim that the crime would not have occurred but for the employer’s negligence. As with other negligence cases, the victim must demonstrate that the defendant employer had a duty to the victim, that the duty was breached (either intentionally or unintentionally), and that the breach directly caused the victim’s harms.

As victims of violent crimes traverse the long the path to physical, psychological, emotional, and financial healing, pursuing a civil lawsuit against negligent third parties who could be held responsible for the crime can serve as a valuable step in the process. At Leighton Law, our experienced, trauma-informed team offers the expertise needed to navigate these types of cases. To speak with one of our attorneys, call us today at 888.988.1774.