Assault is a serious offense in Maryland, as it is classified as a violent crime and is always charged as a felony. Under Maryland criminal laws, a conviction for assault is punishable by up to 10 years in prison. More serious forms of crime and aggravated elements could lead to a maximum of 25 years of incarceration, plus hefty fines. When you are the victim of assault and battery, seeing your attacker get punished through the criminal system offers closure. However, you must take additional steps to recover compensation for the horrific losses you suffer.
You have legal rights to seek monetary damages through the civil court system, which allows you to pursue those responsible for causing your harm. The assailant is an obvious option, but you may fare better through other potential parties that will not be incarcerated for an extended period. You should consult with a Baltimore personal injury assault attorney to learn more about other individuals and entities that may be held accountable, such as:
Maryland Property Owners
A subset of personal injury is premises liability, a concept that requires property and business owners to keep their spaces in a reasonably safe condition. They can be held accountable if they fail to protect against foreseeable hazards, such as criminal activity. For instance, when there are high instances of violent crime, a property owner should install cameras, hire a security guard, and ensure all safety for locks, gates, and doors.
If you were attacked in a space where property owner negligence enabled criminal activity, the owner could be a potential party.
Attacker’s Employer
In some situations, a company can be held liable for the acts of its employees. Employers are required to use reasonable care when hiring and training workers, so you could pursue your assailant’s employer for such misconduct as:
- Not conducting background checks;
- Failure to review and confirm prior employment history;
- Relying on an employee or job candidate’s self-reported information instead of confirming through formal searches; and,
- Failing to take remedial action when an employee demonstrates reg flag or violent behavior.
When an employee regularly uses a company vehicle, equipment, or other assets while off-duty, it may even be possible to sue the employer for an assault not connected to employment.
Government Bodies
A public agency may be a potential party in a civil assault case if its negligence led to the attack. There are different rules that apply when a government body is a party in a civil case, but it is possible to pursue:
- Public school districts;
- The Maryland Transit Administration and other public transportation entities;
- Parks and recreation districts;
- Port authorities;
- Libraries and museums; and,
- Public tourist attractions.
Discuss Legal Options with a Maryland Assault and Battery Lawyer For more information on potential parties in an assault civil case, please contact attorney Michael A. Freedman. You can set up a case evaluation at our offices in Owings Mills or Glen Burnie, MD, by calling 410.363.6848 or visiting us online. After reviewing the details of your case, we can talk about strategy.
