QUESTION
Who can help me sue all responsible parties for the emotional physical, psychological, and financial damages?
Asked on Dec 04th, 2021 on Assault - Texas
More details to this question:
DescriptionMy daughter’s uncle was just arrested for aggravated sexual assault of a child and indecency to a child (both were charges resulting from complaints that we filed). She lived part-time with me and part-time with her Farther/his family (mother, uncles, and their girlfriends). In her Father’s care (and Grandmother’s, as she was the home owner of where she lived), my daughter was put in a situation with an adult male that resulted in her sexual assault over a period of time. They should have not only known what was going on, but have provided a safe/loving environment and prevented it from ever happening. She will forever have damages to deal with. I want to sue her father and the homeowner for these damages.
1 ANSWER
So the child who was sexually assaulted can institute a legal claim against the homeowner and hold the adult responsible who knew or should've known of the sexual assault on the child, and therefore the action would be grounded in negligence. Insurance companies will cover The negligent party adult who knew or should've known of this conduct but failed to take action to stop it. You can always pursue a claim against the uncle, but homeowners insurance will only cover negligence and not intentional conduct. Most insurance policies have what's called resident relative exclusions, meaning that if the child was visiting the household where the sexual assault occurred, then the insurance company will cover the claim, but if the child actually lived in the residence, then the resident relative exclusion will bar recovery on the child's claim. Any proceeds that are recovered will be placed in a child's annuity and distributed when the child reaches the age of majority. I have done several of these claims, and the language in the homeowners insurance policies will be dispositive of whether the claim can be successful. I am licensed in the state of Florida and the state of Texas.
Answered on Dec 04th, 2021 at 6:03 PM