Common Negligent Acts That Could Lead to Sexual Assault/Abuse in Maryland

Sexual abuse or assault is one of the most traumatic and damaging things that can happen to anyone. From this point onwards, we will use the terms “sexual abuse” and “sexual assault” interchangeably. Sexual abuse can cause lasting physical, psychological, emotional, and sexual scarring. In Maryland, individuals and institutions have a legal obligation to maintain a reasonable level of safety on their premises. If a party neglects this duty and someone suffers sexual assault as a consequence, they may face civil liability under Maryland’s premises liability legislation.
If you are a survivor of sexual abuse in Maryland, understanding the common negligent acts that can create unsafe environments is vital. It can help you recognize whether you have a valid civil claim and take steps towards holding the responsible party or parties accountable. Below are four common negligent acts that can lead to sexual assault in Maryland.
- Negligent Hiring and Supervision
In Maryland, individuals and institutions are required to exercise due diligence when hiring employees. Unfortunately, this does not always happen. It is common for schools, hotels, churches, and other organizations to fail to screen employees. This is called negligent hiring, and it can significantly endanger others. For example, a hotel may hire a security guard with a violent past.
Similarly, people or institutions that do not supervise, discipline, or remove staff members who engage in inappropriate conduct put others in danger. Such property owners may be held liable for negligent supervision if a staff member sexually assaults someone.
- Failure To Respond To Known Risks
Suppose an institution or individual becomes aware of the potential risks of sexual abuse, but fails to take steps to prevent future harm. In that case, they may be deemed negligent if an assault happens and may face legal action. For example, ignoring reports of inappropriate behavior or previous sexual abuse incidents on the property can lead to liability if someone is sexually abused.
- Lack of Enough Security
Another common negligent act that can cause sexual assault in Maryland is insufficient security. There is no one-size-fits-all definition for “adequate” security, as how much security a property needs depends on various factors, such as the property’s nature, location, and crime history. That said, the following usually qualify as insufficient security;
- Lack of security cameras or surveillance
- Damaged locks, doors, or gates
- Lack of security personnel
- Poorly lit hallways, stairwells, or parking garages
- Inadequate Training of Employees
Untrained or inadequately trained staff members can increase the risk of sexual abuse. Employers should train employees to, among other things,
- Respond appropriately to harassment or threat reports
- Identify suspicious behavior
- Follow emergency procedures
An employer may be held liable if sexual abuse arises as a result of inadequate employee training.
What To Do To Protect Your Rights
If you are a survivor of sexual assault and your assault happened due to unsafe conditions on a property, you should contact a sexual abuse lawyer as soon as possible. An attorney can help you navigate the legal process and protect your rights. They can help you gather evidence and pursue the justice and compensation you deserve.
Contact a Baltimore Sexual Abuse Lawyer
Our Baltimore sexual abuse lawyer at Hardball Law serving Towson, Baltimore, and the whole of Maryland can help you pursue the justice and compensation you deserve. Contact us today to schedule a consultation.
Pioneer in Sexually Transmitted Disease and Gender Bias Litigation