Assault Injury Claims in New Jersey
Assault is a potential danger in emergency rooms, hospitals, nursing homes, and other healthcare facilities. Among the perpetrators are patients, medical personnel, security staff, visitors, and family members. But assaults are not limited to only healthcare facilities. They can happen virtually anywhere.
Seeking restitution for an assault in New Jersey may take a variety of paths. Depending upon the circumstances of the assault, you may be pursuing a medical malpractice suit, a premises liability lawsuit, or a workers’ compensation claim.
Healthcare professionals are often placed in contact with potentially violent and dangerous patients, which can lead to a workplace injury. If you work in a New Jersey medical institution and are assaulted by a patient during the course of your job, you may be able to pursue a claim for workers’ compensation.
Key in this analysis will be whether you were engaged in performing your job duties at the time of the assault. If you were, then you would typically be entitled to workers’ compensation benefits, including paid medical treatment, temporary disability for time missed from work, and either partial or total permanent disability depending on the severity of your injuries.
You may be entitled to compensation for injuries sustained on someone else’s premises if the premises owner’s negligent security allowed an assault to take place. The law requires premises owners to make their properties reasonably safe for certain people who will be on the property, such as invitees, tenants, guests, customers and others.
Premises liability may apply when a premises owner fails to take reasonable safety precautions, and as a result, an assault occurs on their property. Examples of negligent security can include poor lighting, untrained security personnel, faulty door locks and more. The specific circumstances of your case will determine who may be responsible for your damages. Did the perpetrator take advantage of a darkly lit area of the premises, broken locks, or faulty security cameras? Were careless or inattentive security personnel to blame for the assault? Was the premises owner negligent in failing to perform background checks on its staff?
Some assaults are the result of poor security screening permitting unauthorized individuals to enter a premises. Other assaults occur in inadequately secured parking garages and other common areas in multi-tenant buildings. These situations demonstrate scenarios where a negligent security claim may apply.
A patient who is assaulted by a healthcare professional in a medical setting may be able to bring a claim sounding in medical malpractice. This is frequently the avenue taken when a patient has suffered a sexual assault at the hands of a healthcare professional.
Medical malpractice claims are complex and typically require the testimony of one or more medical expert witnesses. Thus, it may be advisable to consult with an experienced personal injury and medical malpractice lawyer to determine the best course of action for an assault sustained at the hands of a medical provider.