[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/butlerfirm.com\/blog\/apartment-hotel-business-liability-sexual-assault-cases\/#BlogPosting","mainEntityOfPage":"https:\/\/butlerfirm.com\/blog\/apartment-hotel-business-liability-sexual-assault-cases\/","headline":"Apartments, Hotels, or Property Owner Liability in Sexual Assault Cases","name":"Apartments, Hotels, or Property Owner Liability in Sexual Assault Cases","description":"Property Owner Liability in Sexual Assault Cases \ufeff Many sexual assaults would not occur if a landowner (e.g., an apartment complex, hotel, or other business) had not created the proper environment for such an incident. Common examples include gates that don\u2019t work, burned-out lights that create a dark parking lot, or insufficient security guards to… Continue reading Apartments, Hotels, or Property Owner Liability in Sexual Assault Cases<\/span><\/a>","datePublished":"2017-12-05","dateModified":"2026-04-17","author":{"@type":"Person","@id":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/#Person","name":"Matt Kahn","url":"https:\/\/butlerfirm.com\/blog\/author\/matt-kahn\/","identifier":25,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/e04949bdf1f2184cdeab337bb39535a4c17c4beb3ad3cd47e5524b20b38274a9?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Butler Kahn","logo":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2020\/10\/Butler-Law-Firm-Logo.png","width":210,"height":93}},"image":{"@type":"ImageObject","@id":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2024\/08\/sexual-assault-lawyer.jpg","url":"https:\/\/butlerfirm.com\/wp-content\/uploads\/2024\/08\/sexual-assault-lawyer.jpg","height":563,"width":1000},"url":"https:\/\/butlerfirm.com\/blog\/apartment-hotel-business-liability-sexual-assault-cases\/","video":{"@context":"http:\/\/schema.org\/","@type":"VideoObject","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject","contentUrl":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY","name":"Georgia Sexual Assault and Rape Lawyers - Butler Kahn","description":"Sexual assault and rape are awful to live through, and hard to live with. Our message to survivors and victims is simple: you CAN fight back, and we're here to help.\n\nSurvivors of sexual assault or rape react to the trauma differently. Some report the sexual assault or rape to police immediately, and some don't. Some want to remain anonymous, and others want the world to know the name of the attacker. We honor the wishes of our clients, as any sexual assault lawyer should.\n\nWe help people and families with the effects of sexual assault or rape. If you're looking for a huge law firm with hundreds of cases per lawyer, you should look somewhere else. If you're looking for a personal injury law firm that handles a smaller number of serious cases and provides personalized attention, call us.\n\nFor more about sexual assault and rape cases, visit https:\/\/butlerfirm.com\/georgia-crime-victims-lawyers\/rape-and-sexual-assault\/","thumbnailUrl":["https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/default.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/mqdefault.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/hqdefault.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/sddefault.jpg","https:\/\/i.ytimg.com\/vi\/wyMNw8gXUYY\/maxresdefault.jpg"],"uploadDate":"2019-06-05T18:05:37+00:00","duration":"PT8M","embedUrl":"https:\/\/www.youtube.com\/embed\/wyMNw8gXUYY","publisher":{"@type":"Organization","@id":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw#Organization","url":"https:\/\/www.youtube.com\/channel\/UCeMYGr94Sf4LpYwIcO3P2Qw","name":"Butler Kahn","description":"We help people and families.\n\nOur firm specializes in personal injury and wrongful death cases. We are based in Atlanta, Georgia. We handle cases across Georgia and, for certain types of cases, all across the country.\n\nTOP-QUALITY LEGAL WORK. We do the work that lots of law firms skip. We track down witnesses, dig into the evidence, and prepare intensely for every deposition, trial, and hearing. We take a small number of cases so that we can devote our full attention to the clients we represent.\n\nPERSONAL SERVICE. If you hire us, you get us. You won't get blocked by a receptionist or leave unreturned messages. If you want to speak with your lawyer, you can.\n\nDOING WHAT WE SAY WE'LL DO. Some law firms make big promises at the beginning, then don\u2019t follow through. We shoot straight \u2013 when we tell you something about your case, good or bad, we mean it. No fake promises.\n\nButler Kahn\n10 Lenox Pointe\nAtlanta, GA 30324\n678-940-1444\n","logo":{"url":"https:\/\/yt3.ggpht.com\/NTOsbNEALVOnRbUCg7jUzYGcC4kNKsUTEVHm5TtiTQdLlfFKksLTnmiZG_t6zDG_e4ygtnva=s800-c-k-c0x00ffffff-no-rj","width":800,"height":800,"@type":"ImageObject","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_publisher_logo_ImageObject"}},"potentialAction":{"@type":"SeekToAction","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_potentialAction","target":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY&t={seek_to_second_number}","startOffset-input":"required name=seek_to_second_number"},"interactionStatistic":[[{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_interactionStatistic_WatchAction","interactionType":{"@type":"WatchAction"},"userInteractionCount":5564}],{"@type":"InteractionCounter","@id":"https:\/\/www.youtube.com\/watch?v=wyMNw8gXUYY#VideoObject_interactionStatistic_LikeAction","interactionType":{"@type":"LikeAction"},"userInteractionCount":20}]},"about":["Sexual Assault"],"wordCount":495,"articleBody":"Property Owner Liability in Sexual Assault Cases\ufeffMany sexual assaults would not occur if a landowner (e.g., an apartment complex, hotel, or other business) had not created the proper environment for such an incident. Common examples include gates that don\u2019t work, burned-out lights that create a dark parking lot, or insufficient security guards to properly police a large crowd. The law recognizes the relationship between environment and act, which is why property owners are often responsible\u00a0for damages in these situations.Such damages normally include money for both tangible losses, such as medical bills, and intangible losses, such as pain and suffering. In some cases, punitive damages may be available as well.Duty of CareThe first step in obtaining compensation against a landowner is to determine what legal obligation, if any, said landowner had. In Georgia and many other states, the nature of the duty depends on the nature of the relationship between landowner and victim.Invitee: If the victim\u2019s presence conveyed an economic or noneconomic benefit on the landowner, or a potential benefit, the victim was an invitee. In these cases, the landowner must ensure that the property is reasonably safe.Licensee: People whose presence on the land is not offensive to the landowner, although they received no express or implied invitation, are licensees. Guests of hotel guests are a good example.\u00a0If the victim is a licensee, the owner has a duty to warn about any latent (nonobvious) defects. The aforementioned burned-out light is a latent defect during the day and an obvious defect at night.Trespasser: If the victim has no permission to be on the land, the owner has no duty. Tales of injured burglars who sue the homeowner for damages are essentially urban legends.If the victim was a child trespasser or a foreseeable trespasser, liability may still attach under the attractive nuisance rule or the frequent trespasser rule.KnowledgeThe landowner must have actual or constructive knowledge (knew or should have known) about the defect which caused damages.Direct evidence includes repair invoices, inspection reports, and other \u201csmoking guns.\u201d Under Anjou v. Boston Elevated Railway Company, circumstantial evidence is admissible to establish constructive knowledge.\u00a0Essentially, the longer the defect existed, the more likely it is that the owner had constructive knowledge.Third-Party ActsCommonly, landowners deny liability in these situations, claiming that the assailant was solely responsible for damages. That\u2019s simply not the case. Under Sturbridge Partners v. Walker, if a \u201csubstantially similar\u201d event had occurred on or near the owner\u2019s property, the owner is a responsible third party.Victim\/plaintiffs need only establish substantial similarity by a preponderance of the evidence, or more likely than not.Landowners may be jointly responsible for\u00a0sexual assault, sexual battery,\u00a0rape, or other wrongs that occur on their property because of inadequate security. For a free consultation with an experienced personal injury attorney, contact Butler Kahn. We do not charge upfront legal fees in tort cases."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/butlerfirm.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"Apartments, Hotels, or Property Owner Liability in Sexual Assault Cases","item":"https:\/\/butlerfirm.com\/blog\/apartment-hotel-business-liability-sexual-assault-cases\/#breadcrumbitem"}]}]