If you were sexually assaulted on a business’s premises or at your workplace in Kansas City, you may have a civil claim against that property owner or employer — even if the perpetrator has already been criminally charged or convicted. Many survivors do not realize that Missouri law allows victims to hold negligent businesses and employers financially accountable for the harm they failed to prevent.
The short answer is yes — in many cases you can sue. Missouri premises liability law allows sexual assault victims to bring a civil claim against a negligent business or employer whose failure to provide reasonable security made the assault possible. This is separate from any criminal case and can result in compensation for medical costs, lost wages, emotional trauma, and more.
What Is “Negligent Security” in Missouri?
Negligent security is a subset of premises liability law. It applies when a property owner’s failure to implement reasonable security measures directly enabled a violent act — including sexual assault — to occur. Kansas City courts have found businesses liable when they:
- Failed to install adequate lighting in parking lots, stairwells, or hallways
- Did not employ security guards despite a known history of crime on or near the property
- Left security cameras broken or non-functional
- Failed to control access to restricted areas of a building
- Ignored prior complaints about a dangerous employee, guest, or tenant
- Did not conduct proper background checks on employees with access to the public or vulnerable individuals
Kansas City neighborhoods like Westport, the Power & Light District, and the River Market area all see significant foot traffic. When businesses in these areas cut corners on security, they create foreseeable risk — and foreseeable risk is the foundation of a negligence claim.
Can I Sue My Employer If I Was Assaulted at Work?
Workplace sexual assault claims in Kansas City can move along two legal tracks.
Workers’ Compensation
Workers’ comp may provide medical and wage-replacement benefits for injuries sustained at work. However, this system is generally limited in the damages it provides and does not compensate for pain and suffering.
Civil Negligence or Hostile Work Environment Claims
If your employer knew — or should have known — that a coworker, supervisor, or third party posed a risk and failed to act, you may have a civil claim for negligent supervision or negligent retention. If the assault was part of a broader pattern, a hostile work environment claim under Title VII of the Civil Rights Act or the Missouri Human Rights Act may also apply. An experienced attorney can evaluate which legal pathway — or combination of pathways — is right for your situation.
What Must Be Proven in a Premises Liability Sexual Assault Case?
To succeed in a civil claim against a Kansas City business or property owner, a victim’s attorney generally must establish:
- The defendant owned, operated, or controlled the property
- The defendant owed the victim a duty of care (e.g., as a customer, employee, or invited guest)
- The defendant breached that duty by failing to maintain reasonable security
- The breach was a proximate cause of the assault
- The victim suffered measurable damages as a result
A critical element is foreseeability. Missouri courts examine whether crime or assault in the area was foreseeable based on prior incidents, crime statistics, or specific warnings the property owner received. This is why preserving evidence — incident reports, security footage, police records, and prior complaints — is essential from the very beginning.
What Damages Can a Kansas City Sexual Assault Victim Recover?
A successful civil claim can recover a wide range of compensation, including:
- Medical and mental health treatment costs (past and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional distress and trauma, including PTSD
- Loss of enjoyment of life
- Punitive damages in cases of egregious negligence or recklessness
Time Limits: Missouri’s Statute of Limitations
In Missouri, most civil personal injury claims — including premises liability sexual assault cases — must be filed within five years of the date of the assault. Exceptions exist for survivors who were minors at the time. Do not wait to seek legal advice. Evidence fades and witnesses become harder to locate over time.
How Siro Smith Dickson PC Helps Kansas City Sexual Assault Victims
At Siro Smith Dickson PC, we have been advocating for injury victims and their families in Kansas City, Missouri for over 50 years. We understand the courage it takes to come forward, and we handle every case with the sensitivity, discretion, and tenacity our clients deserve.
Our legal team investigates the property owner’s or employer’s history, works with security experts, reviews surveillance footage, and builds a comprehensive case on your behalf — so you can focus on your recovery. If you or someone you love was sexually assaulted on a business or employer’s property in Kansas City, contact our Kansas City sexual assault victim attorneys for a confidential, no-obligation consultation. We handle these cases on a contingency fee basis — meaning you pay nothing unless we win.
Frequently Asked Questions
Can I file a civil lawsuit even if the perpetrator was not charged criminally?
Yes. Civil and criminal cases operate independently. The burden of proof in a civil case — preponderance of the evidence — is lower than in a criminal case, which requires proof beyond a reasonable doubt. Many victims succeed in civil court even when a criminal case is not pursued or does not result in a conviction.
Does it matter if I was partially at fault?
Missouri follows a pure comparative fault rule. Even if you are found partially responsible, you can still recover damages — reduced proportionally by your percentage of fault. This should not stop you from consulting an attorney about your options.
What if the business has since closed?
The business entity’s liability may still exist, and its insurance coverage may still be accessible. An attorney can investigate the current status of the defendant and determine what insurance policies are available.
How much does it cost to hire a Kansas City sexual assault attorney?
Siro Smith Dickson PC handles these cases on a contingency fee basis. You pay no upfront fees and owe nothing unless your case results in a recovery.