QUESTION
Do I have a case against this establishment?
Asked on Apr 18th, 2014 on Civil Litigation - Utah
More details to this question:
A few days ago my wife was attacked in our home (I'm in India for work for the next 2 weeks). During the day she heard the doorbell ring, and answered the door to see who it was. She opened the door and didn't see anyone there so she walked back inside. In doing so a very big man ran up to the door and forced his way into the house. He grabbed her and tried to get her on the ground. She resisted and was able to get herself and our son to safety and call 911. The cops came and took the man away. While standing outside a woman talked to my wife and she identifed herself as working for a mental care facility nearby and this man was a patient. She revealed that this wasn't the first time this has happened with this man. My wife physically for the most part is fine minus some bumps and bruises, but the psychological affect on both my wife and son is still there. Do I have a case against this establishment for allowing this man to escape their care?
1 ANSWER
I'm very glad that your wife and son escaped serious physival injury.
You may have a case against the facility if it was negligent in allowing the man to escape. Absent any monetary damages, and with only minor bumps and bruises, I don't know whether the monetary value of the suit would be worth it to you - this can best be evaluated by a Utah attorney experienced in personal injury litigation. Also, you don't indicate whether the facility is private or government-affiliated. Although I believe that all American jurisdictions now allow such suits against the government, some (I don't know if Utah is one) impose stricter standards for establishing liability against a government - you may have to prove gross negligence, rather than just negligence.
Answered on Apr 18th, 2014 at 1:15 PM