Sexual Assault Lawyer Dalton, GA
If you were sexually assaulted at an apartment, hotel, workplace, or any other property in Dalton because the owner failed to provide adequate security, you can pursue a civil lawsuit against that property owner. This case is separate from any criminal prosecution. It targets the landlord, business owner, or institution whose negligence created the conditions for the assault. And it does not require a criminal conviction to move forward. Many survivors pursue civil claims even when the criminal case ends without charges.
Our Dalton, GA sexual assault lawyer at Deitch + Rogers LLC represents survivors in civil cases against the third parties responsible for failing to prevent sexual violence on their premises. We focus on negligent security and premises liability for crime victims. Contact our firm to schedule a consultation.
Why Choose Deitch + Rogers for Sexual Assault Cases in Dalton, GA?
A Firm Built to Represent Crime Victims
Gilbert Deitch has practiced law since 1970. He has published on premises liability in TRIAL Magazine, Crime Victims’ Litigation Quarterly, and the Fulton County Daily Report. Attorney Deitch has appeared on NBC Nightly News and ABC’s 20/20 as a victims’ rights attorney. He is a member of the Georgia Trial Lawyers Association and is admitted to all Georgia courts, the U.S. District Court for the Northern District of Georgia, and the courts of Tennessee.
Andrew Rogers holds the record for the highest premises liability verdicts in the State of Georgia for 2013, 2014, 2018, and 2019. He is a charter member of the National Crime Victim Bar Association and has been recognized by Super Lawyers. Partner Kara Phillips has been named a Super Lawyers Rising Star since 2016 and is a member of the American Association for Justice. Partner Michael D’Antignac is a graduate of the University of Georgia School of Law and a member of the National Crime Victim Bar Association and the Lawyers Club of Atlanta.
More Than $207 Million Recovered
Deitch + Rogers has recovered more than $207 million for crime victims and their families throughout Georgia. In sexual assault premises liability cases, the firm has secured a $60 million verdict for sexual assault caused by institutional negligence, a $15 million settlement in an apartment sexual assault case, and a $9.2 million verdict against a facility that failed to protect a resident from assault. Additional recoveries include $2.5 million and $1.275 million in apartment negligent security sexual assault cases, along with numerous settlements in the $350,000 to $850,000 range.
No Upfront Fees
Our contingency fee structure means you pay nothing out of pocket. Deitch + Rogers advances all costs for investigation, depositions, expert witnesses, and trial preparation. Fees and expenses come from the total recovery. If we don’t win, you owe us nothing.
“Nasha was professional, supportive, patient and show a great deal of empathy in my time of need. She was able to help me navigate through the difficult times and gave me informative resources that I would be able to utilize for any hardship that I may have been facing. I recommend her services and the great law firm to anyone. They really know how to treat people.”
- Madina Walker
Read client testimonials on our Google Business Profile.
Types of Sexual Assault Cases We Handle in Dalton
Sexual assault in Dalton, GA happens in places where property owners have a duty to keep people safe. When that duty is breached, a civil claim allows the survivor to hold the property owner financially accountable. Our Dalton sexual assault attorneys handle cases involving:
- Apartment sexual assault. Tenants assaulted in complexes where landlords ignored broken locks, failed to install security cameras, or refused to address known safety problems. When a property owner collects rent but won’t invest in basic security, that is negligence.
- Hotel and motel assault. Guests assaulted at hotels and motels where management failed to control access, maintain functioning door locks, or respond to suspicious activity. The hospitality industry owes guests a high duty of care.
- Workplace sexual assault. Employees assaulted at work by coworkers, supervisors, or third parties when the employer hired known offenders without conducting background checks or failed to address prior complaints of harassment or threatening behavior.
- Clergy abuse. Survivors of sexual abuse by members of the clergy can pursue civil claims against the religious institution that failed to screen, supervise, or remove the abuser. These cases often involve decades of concealment by the organization.
- Sex trafficking. Trafficking victims can bring civil claims against the property owners and businesses that knowingly or negligently allowed trafficking to occur on their premises. Hotels, motels, and apartment complexes that ignored obvious signs of exploitation face civil liability.
- Institutional and group home assault. Residents of healthcare facilities and group homes who are assaulted by staff or other residents due to negligent screening, inadequate staffing, or failure to supervise.
- Bar and restaurant assault. Patrons assaulted at bars, restaurants, and entertainment venues that failed to provide security or allowed dangerous situations to escalate unchecked.
- Parking lot and commercial property assault. Victims assaulted in poorly lit, unsecured parking areas or on commercial property where the owner neglected to provide basic security measures.
Georgia Legal Requirements for Sexual Assault Cases
Georgia law addresses sexual assault through multiple criminal statutes. Sexual battery is defined under O.C.G.A. § 16-6-22.1 as intentional physical contact with the intimate parts of another without consent. Rape is codified under O.C.G.A. § 16-6-1. But the civil lawsuit your attorney files against a negligent property owner is governed by premises liability law, not the criminal code. The legal question is whether the property owner breached its duty of care, not whether the assailant committed a crime.
Under O.C.G.A. § 51-3-1, property owners owe a duty of ordinary care to keep their premises safe for visitors. In negligent security cases, the core inquiry is foreseeability. Did the property owner know, or should they have known, that criminal activity was likely to occur? Evidence of foreseeability includes prior crimes on or near the property, police reports, tenant complaints, crime rates in the surrounding area, and the absence of standard security features like lighting, cameras, and controlled access points.
The statute of limitations for a civil sexual assault claim in Georgia is two years under O.C.G.A. § 9-3-33. For minors, the clock is tolled under O.C.G.A. § 9-3-90 until the victim turns 18. Georgia also provides expanded filing deadlines for survivors of childhood sexual abuse under O.C.G.A. § 9-3-33.1, which allows victims to file until age 23 or within two years of discovering the abuse and its connection to their injuries. The DOJ’s Office on Violence Against Women and the Georgia Criminal Justice Coordinating Council provide additional victim resources, but a civil lawsuit remains the most direct path to financial recovery.
What Damages Are Recoverable in Dalton Sexual Assault Cases?
Survivors of sexual assault in Dalton, GA can pursue three categories of damages through a Georgia civil case.
Economic damages include medical expenses for emergency treatment, forensic examinations, and hospital care. Ongoing therapy and counseling costs, which for many sexual assault survivors continue for years or even decades. Prescription medication expenses. Lost wages during recovery. Future lost earning capacity if the emotional trauma has affected the survivor’s ability to maintain employment or advance in their career. Our attorneys work with medical providers and economists to calculate the full projected cost, because the financial impact of a sexual assault rarely ends with the initial treatment.
Non-economic damages compensate for pain and suffering, emotional distress, PTSD, anxiety, depression, and loss of enjoyment of life. Damage to personal relationships. The lasting impact on a survivor’s sense of safety and trust. Georgia juries have discretion to award what they determine is fair and reasonable for these injuries. In sexual assault cases supported by evidence that the property owner knew about prior incidents and failed to act, juries have issued significant non-economic awards.
Punitive damages are available under O.C.G.A. § 51-12-5.1 when the defendant acted with willful misconduct or conscious disregard for safety. A landlord who received multiple complaints about a dangerous employee and did nothing, or a hotel that disabled security features to cut costs, could face punitive damages. Georgia caps most punitive awards at $250,000, but exceptions exist for cases involving specific intentional conduct. A trauma-informed approach to building these cases strengthens both the compensatory and punitive damage arguments.
Contact Deitch + Rogers
If you were sexually assaulted in Dalton, GA, because a property owner, employer, or institution failed to protect you, our sexual assault attorneys want to hear from you. The consultation is free and confidential. You pay nothing unless we win.
Deitch + Rogers has spent more than four decades fighting for crime victims across Georgia, including in Dalton, Whitfield County, and throughout northwest Georgia. We understand the weight of what you are carrying, and we are prepared to help. Contact us to schedule your consultation.
