Lawsuits Arising From Criminal Conduct

June 28, 2013

How Can A Child Sue A Child Sex Abuser?

Sexual abuse of a child is not only a crime that can (and should) result in criminal charges against the abuser. It is also wrongful conduct that makes the abuser liable for damages in a civil lawsuit.

Civil wrongs are called "torts." There are lots of categories of torts, but the two most applicable to sex abuse claims to minors are the tort of "battery" (the unlawful touching of another person) and "intentional infliction of emotional distress" (engaging in outrageous conduct that results in severe emotional injury to another). A person who commits a tort is liable for compensatory damages to the person injured by the conduct. If the tort is an intentional tort, or one that involves reckless conduct, the wrongdoer is also liable for punitive damages.

So, a child who is a victim of sexual abuse can (with the assistance of his or her parents or guardian) file a lawsuit against the abuser and seek compensatory and punitive damages for the injuries he or she suffered at the hands of the abuser. Whether the conduct occurred, what injuries were caused by the conduct, and the amount of damages to be awarded are issues that will be determined in the case.

May 23, 2013

Abuse or Exploitation of the Disabled in Tennessee

by The Law Offices of John Day, P.C.

The abuse (sexual or physical or mental) or exploitation of a disabled adult in Tennessee can give rise to a right of the disabled person to seek damages.

Under Tennessee law, a disabled adult is one who meets one of the following criteria:

(A) Has some impairment of body or mind that makes the person unfit to work at any substantially remunerative employment;

May 18, 2013

Sexual Abuse of Children in Tennessee Churches

by The Law Offices of John Day, P.C.

As difficult as it is to believe, children continue to be molested in Tennessee churches. Those who sexually abuse children put themselves in environments where children are present, and one place where many Tennessee children are routinely present is in church-sponsored child care centers, Sunday school classes and schools, and church camps and other church-related activities.

Responsible churches have a method a screening people who seek to work (as employees or volunteers) with children and have effective mechanisms in place to identify those who engage in suspicious behavior. Responsible churches also have mechanisms in place to promptly investigate allegations of inappropriate activity and report such persons as required by law. Prompt, accurate reporting prevents future acts of abuse.

The failure of churches to take responsible steps to protect children from predators can result in legal liability for the church. Our Tennessee sex abuse lawyers first became involved in this type of case over a decade ago, and as recently as this month (May 2013) we have been employed to investigate another church-related claim.

May 12, 2013

Civil Liability for Stalking in Tennessee — Lawsuits and Damages

by The Law Offices of John Day, P.C.

Stalking is willful conduct involving repeated harassment of someone that causes them to feel terrorized, frightened, intimidated, threatened, harassed or molested. Not only is the conduct a crime in Tennessee, but it also can rise to a civil lawsuit and a damage award if it results in the victim suffering serious or severe emotional distress.

A theory of liability that stalking victims can use to pursue a civil claim for money damages against the stalker is either intentional infliction of emotional distress or negligent infliction of emotional distress. In a claim for intentional claim for emotional distress the victim must prove that the stalker intentionally or recklessly engaged in outrageous conduct that caused the victim serious or severe emotional injury. In negligent infliction of emotional distress claims the victims must prove that the stalker negligently engaged in conduct that caused serious or severe emotional injury.

In the conduct was intentional or reckless, no medical evidence is necessary to prove serious or severe emotional injury, although the presence of medical evidence will strengthen the case. If the conduct by the stalker was merely negligent medical evidence of serious or severe emotional injury is required.

August 7, 2012

Damages Available in A Child Sexual Abuse Case in Tennessee

by The Law Offices of John Day, P.C.

Child sex abuse victims in Tennessee may recover damages against the abuser for the following types of losses:

medical expenses
lost wages (if any)
pain
suffering
disfigurement
disability
loss of enjoyment of life.

If the injuries result in future or permanent physical or emotional problems, additional damages may be recovered for

May 1, 2012

Criminals Cannot Avoid Financial Responsibility for Their Crimes By Filing For Bankruptcy

by The Law Offices of John Day, P.C.

Those who rape, murder, beat up, or steal from others are not only committing crimes – they also can be sued for monetary damages for the harm they cause. As Tennessee personal injury lawyers who represent crime victims, one frequent question is the availability of resources of the criminal to compensate crime victims

Of course, sometimes it makes no sense to file a lawsuit against the criminal because he or she does not have any money and will be spending time in prison. However, there are some criminals have assets and those assets can be used to compensate the crime victims.

It is important to know that a criminal who is ordered to pay damages to his or her victim cannot escape that responsibility by filing bankruptcy. Many types of debts of a person filing bankruptcy are wiped out in the bankruptcy process, but debts arising from intentional conduct are not.

April 30, 2012

Lawsuits Seeking Damages For Crime Victims

by The Law Offices of John Day, P.C.

Assault, rape, sexual abuse, theft, and murder are not just crimes. They also give rise to a right for the victim to seek damages for the harm caused.

Our firm has represent victims for each of these crimes and brought lawsuits against those who committed the crimes or those who negligently allowed the crimes to occur.

We have successfully sued a motel who did not have proper security on site, resulting in the rape of a guest. We have successfully represented several women who were raped in their apartments – their landlords did not have proper security. We have sued a day care center for allowing a sexual deviant to work with children, resulting in sexual abuse to our young client. We have sued several churches for allowing those with a history of sex crimes to be in the present of children – children who were later sexually abused. We have represented two young girls who were sexually victimized by an adult neighbor, and the family of a murder victim.

February 29, 2012

Claims Against Bars and Restaurants That Illegally Serve Obviously Intoxicated Persons

by The Law Offices of John Day, P.C.

The February 24, 2012 Tennessean contains this article about lawsuits against those who illegally serve alcohol to an obviously intoxicated person. The article found its way to Page One mainly because of this horrific accident just a few days earlier, when a person who was allegedly intoxicated drove the wrong way on the Interstate and hit and killed a person.

To suggest that bars and restaurants should not be held responsible for violating the law is ridiculous. The notion of “personal responsibility” doesn’t stop with the drunk driver – it also applies to those who illegally serve obviously intoxicated persons.

There is only one thing wrong with the current law – it is not strong enough to prevent bars and restaurants from serving people to drunkenness and beyond. It is unfair to require the person harmed by such conduct to prove the misdeeds “beyond a reasonable doubt” – a standard usually used for criminal cases. The liquor lobby got special protection for those who have acted illegally, but this law should be repealed and the normal “preponderance of the evidence” standard should be re-instated.

December 22, 2011

I Was Beat Up By The Tow Truck Driver!

by The Law Offices of John Day, P.C.

I came back to my car and found out it was being towed. I asked the tow truck driver why and he said that it was illegally parked. I told him it was not and we got into an argument. He then hit me, breaking my jaw. Can I sue the tow truck company for this injury?

Perhaps. The tow truck company is not responsible for the intentional acts of a tow truck driver, and from the description of the incident it sounds like this was an intentional rather than a negligent injury.

However, an employer can be held to bear some level of responsibility when its employees intentionally cause harm if the employer negligently hired, trained or supervised the employees or negligently failed to fire them if the employer knew or reasonably should have known that the employee presented a risk of injury to members of the public.

December 16, 2011

I Think My Brother Killed Our Mother. Can I Sue Him?

by The Law Offices of John Day, P.C.

I think my brother killed our mother. She was living alone in the family home and was found murdered. Because of a history of trouble between our mother and my brother, both my sister and I think he killed her. Can we sue him?

Under Tennessee law, your brother could be sued for wrongful death even if he has not yet been charged, tried, or convicted of the crime of murder. Murder in criminal law would be “battery” under the civil law, and a civil law suit for battery can be filed even if the criminal charges have not been filed. Damages that can be sought for battery include compensatory damages and punitive damages.

In fact, under Tennessee law a person can be found innocent of murder in a criminal case and still be successfully sued for battery arising out of the same incident. Why? Because in a civil wrongful death case the person bringing the lawsuit must only prove the that the defendant killed the decedent by a preponderance of evidence (that is, more likely than not). In a criminal case the State must prove beyond a reasonable doubt that the defendant murdered the decedent. Thus, the criminal court jury could conclude that the State did not prove what it needed to send the defendant to prison but the civil court jury could conclude that more likely than not the defendant killed the decedent and award damages.