Common Perpetrator Defenses to Crime Victim Claims
- Several defenses in a civil lawsuit brought by the victims of a criminal
attack include:
- Self Defense – the perpetrator claims their actions were justified
because they were defending themselves or someone else;
- Assumption of the Risk – the perpetrator claims they should not be
held liable because the victim voluntarily exposed themselves to the danger or risk;
- Contributory/Comparative Negligence – the perpetrator claims it was
the victim's negligence or conduct that caused or contributed to cause
their injuries. A victim's trial verdict may be reduced by a proportional
share if the jury finds the victim was partially at fault.
- Immunity - the law sometimes provides government agencies, government employees,
and other parties with immunity from civil liability under certain circumstances.
- Non-Preventability – the property owner or business claims that even
though they lacked proper safety measures, the criminal act was nevertheless
not preventable.
- Nonforseeability – the property owner or business claims that even
though there has been prior or persistent crime on their premises, the
particular crime was nevertheless nonforseeable.
Contact an attorney
If you or a loved one has been a victim of a crime, you should consult
with a competent negligent security attorney to assist in pursuing a legal
claim for compensation.
Holder Susan Slusher, LLC handles crime victims/premises security cases
in St. Louis, Kansas City and throughout Missouri and mid Missouri. Contact our
legal team at (573) 710-4716 for a free initial consultation and
case evaluation.
