Q: I stood in a psychiatric facility and was assaulted by another patient twice due to the negligence of staff members.
Staff advised that the patient would be no where near me and would be assigned someone to watch her at all times however, she was still able to attack me again the following week. I needed the visit the Emergency Room once and the second time treated in house. Would I be able to sue the facility due the that fact that my safety was violated under the care of the facility?
A: Yes you can sue, but whether you would win the case depends on the facts: How much security did they provide, how much COULD they provide, etc. Also unless you are seriously injured, unlikely any lawyer will want to get involved. Finally, if this case is against a municipal or state run facility, there are very short time limits for preserving the claim in New York State, so be mindful of that.
A: Yes, it's possible you could, but more details are needed - in particular, your level of injuries. I hope that you were not seriously injured, but this would be an important element of any lawsuit, as Mr. Bersani points out. You could reach out to attorneys to discuss in more detail. Good luck
A: You might be able to sue toe facility depending on whether the facility had notice (knowledge) of the other patient's vicious propensities and whether its failure to provide adequate security caused or contributed to the attack. What it all boils down to is whether the assault was foreseeable and whether better security could have prevented the incident from occurring. Keep in mind that, as my colleague correctly pointed out, depending on who owns or operates the facility, you might have strict deadlines by which to bring any such lawsuit - if it's owned or operated by the state or a municipality, you have 90 days from the incident in which to file a Notice of Claim and must do so before you can file any lawsuit. You can find a lawyer using the Find a Lawyer tab on the JUSTIA homepage.
Tim Akpinar agrees with this answer
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