This case involves a young woman who was raped while attending a gala. The plaintiff, a twenty-three-year-old female, was attending a fine art gala at a museum. While waiting in line for the bathroom, a large security guard proceeded to usher her away, insisting that she come with him. After leading her to an isolated room, he sexually assaulted the plaintiff, and then told her not to tell anyone. The plaintiff brought suit, and an expert was requested to determine the liability of the museum in this case.
Question(s) For Expert Witness
- 1. How is the museum liable for the actions of their employees in this circumstance?
Expert Witness Response E-005208
In cases like this, a great deal depends on the relationship between the security guard and the museum. If the security guard was a regular employee of the museum, it is more likely that the museum will be held liable for the actions of the security guard. Generally, when selecting and using security guards, they need to be screened to ensure that they are not prone to abusive or overly aggressive behavior. If no considerations were made in this case, the museum may be held liable. I have hired and supervised numerous security guards for private functions, and I am familiar with the relationship between the employee and employer in this circumstance.
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