Legal Question in Personal Injury in Massachusetts
An extermination company sent an employee out to my house alone & he sexually attacked me. July 2016. He was caught and arrested later that with Indecent assault on a person 14 or over. I was flabbergasted at his Dangerousness hearing to see that the company was full on supporting him. I felt violated again @ this point. I suffered PTSD according to Dr. & was unable to care for my kids for the rest of the Summer break. I was put on several medications just to feel like I didn't want to hide in a closet or die. He also injured my right wrist. Can the company be sued? Btw, the judge put him on GPS and allowed him to work, however, he has been rearrested twice for cutting off his bracelet so he is now on 24-7 house arrest.
3 Answers from Attorneys
Yes, you may be able to sue the employer of your attacker; we'd need to learn more about the situation.
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You could definitely sue the company, but whether it would ultimately be held responsible, and if so what assets might be available to collect, would require a fair amount of investigation, lawyering, litigation, discovery, etc. I assume you are in no position to file suit yourself, so you might as well find a lawyer who is experienced in these sorts of cases. Whether the lawyer decides to take your case will depend on many factors. Good luck. Regards, JBS
These types of cases are generally concern negligent hiring, training and supervision. If the employer knew or should have known that sending the employee to your home alone might result in harm to you, then the employer may be liable. If the employee had a prior criminal record, particularly for sex offenses or violent behavior, that the employer knew about or should have known about, that might be sufficient to put the employer on notice. I have handled many cases involving sexual assault and battery by employees on customers or other employees.