Lawsuits Arising From Criminal Conduct

January 15, 2014

Apparently, Crime Does Pay. And, It Takes Cruises.

Under a 2010 law, cruise lines are required to report to the FBI allegations of only eight serious crimes including homicide, suspicious death, missing U.S. national, theft of money or property in excess of $10,000, kidnapping, certain sexual offenses, assault with serious bodily injury, firing or tampering with the vessel. There are two problems with the law: (1) lots of other crimes that might deter prospective passengers from traveling with a particular cruise ship are not included in the reporting requirements; (2) the statistics on the reportable crimes are only published by the Coast Guard after the investigation is closed, which is often months and years after the crime occurred. In fact, according to the Government Accountability Office, the release of data is so slow that only 81 cases of 287 reported crimes were actually made public from 2010-2013.

So if you are going to take a cruise, here are a few steps you should take:

1. Six cruise lines post online statistics about the serious crimes on their vessels. Of course, self-reporting is often skewed and the statistics are only for serious crimes, but it is a least another source of information to be used in conjunction with those provided by the Coast Guard;

November 4, 2013

Tennessee’s Sexual Abuse Reporting Statute

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

Penn State University’s settlement of the cases involving Jerry Sandusky reminds us of our moral and legal obligation to protect children from sexual predators. One of the hallmarks of a civilized society is how we treat the lesser amongst us. Obviously, by the use of the term “lesser”, I do not mean to imply less worthy. I mean those whose well-being is dependent upon the protection and care of others i.e., the sick, the elderly and our children.

In Tennessee, ANY PERSON who knows or has reasonable cause to suspect a child has been sexually abused MUST report the knowledge or suspicion to the any of the following:

a. The judge having juvenile jurisdiction;

October 17, 2013

Football, Felonies, and Sports Bars Who Serve Alcohol to Drunks

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

Sports bars can be a great place to watch a football game: huge televisions, multiple games on at one time, wings, pizza and beer. In the fall, it is easy to see how an entire Saturday or Sunday afternoon can be spent at the bar watching college or professional football. Of course, if you have spent the day drinking, you have no business driving yourself home. Unfortunately, people do so, and innocent people become victims of drunk drivers and the bars that over-serve them.

In our last blog post, we discussed the criminal penalties for first time DUI, which is a misdemeanor. But if a drunk driver harms someone, in many circumstances, the conduct can rise to a felony. If a drunk driver is found guilty of vehicular assault (serious injury to another person by a DUI driver), then the offender has committed a Class D Felony which can result in license revocation from 1 to 5 years (a restricted license is not available), jail time of 2 to 12 years, a $5,000.00 fine and other costs such as attorney fees, bail, etc. Vehicular Homicide (a fatal crash caused by a DUI with a .08 BAC or more) is a Class B felony and is punishable by 8 to 30 years in prison and a fine of up to $25,000.00. Aggravated Vehicular Assault While Driving Intoxicated is a Class A Felony (requires proof of prior DUI offenses) and is punishable by 15 to 60 years in prison and a fine of up to $50,000.00.

In addition to criminal penalties for the drunk driver, the bar or restaurant faces misdemeanor charges if it serves alcohol to someone who is visibly intoxicated. The bar or restaurant that serves who over-served alcohol to a visibly intoxicated person who gives into a car and hurts others may be responsible for any harm caused by the drunk driver such as the victim’s medical bills, pain and suffering, lost wages, etc. This area of the law is called dram shop or liquor liability law. To learn more about the legal liability of bars and restaurants , follow the link.

June 28, 2013

How Can A Child Sue A Child Sex Abuser?

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

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.