Legal Question in Personal Injury in California

victims civil lawsuit

I would like to file a Civil lawsuit for my daughter who was a victim of rape. I believe the followings are to be sued...(but I would need advice on this) the two young men(they plead to felony rape) who did it (and their parents) a third who watched...the girl (&parents) who persuaded my daughter and her friend of a sleep over evidence that she expected some kind of orgy...

and what about the trailer park whose lack of proper security and knew of the type of parents these people were and yet allowed them to stay there anyway. Is there someone who will help? We are looking at many years of therapy and that is just the tip of the iceberg.

Asked on 7/28/08, 12:53 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: victims civil lawsuit

I'm so sorry to hear about what your daughter and your family have been through.

I doubt you could win a lawsuit against the trailer park based upon these facts. A suit against the friend might succeed but only if she had reason to expect the men to attack your daughter.

A suit against the men who committed the rape would likely succeed, but if they are adults (your question is unclear on this point) then their parents would not be liable. Even if they are still minors, their parents' liability would likely be capped.

I'm not sure you would have much of a case against the man who stood by and watched. I haven't researched this question, though, and it is possible that he could be liable on some basis that does not occur to me at the moment.

Then there is the harsh reality that a lawsuit is only worth bringing if you will be able to collect any judgment you might win. Defendants who live in trailer parks generally are not wealthy, so the odds that they would have money left over to pay you after paying their own defense attorneys are not good.

Sorry I can't be more encouraging.

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Answered on 7/30/08, 2:38 pm
Robert L. Bennett Law offices of Robert L. Bennett

Re: victims civil lawsuit

You would have a long amount of time before reaching any degree of satisfaction.

Having a defendant to sue is only part of the equation. You need defendants with money or property.

Without knowing more, I cannot see the trailer park being responsible in any way.

What kind of help are you looking for?

I can appreciate your anxiety, but we all know life is unfair.

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Answered on 7/28/08, 4:24 pm

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