Serious injuries suffered by persons being held in a correctional facility are often preventable if the management and staff of the jail are doing their jobs properly. If an assault occurs in a jail and it should have been prevented, correctional institutions and their staff can be held legally liable. This is true even if an inmate is assaulted by other inmates.
Whether the serious injuries occur in a pre-trial centre or in a federal institution after sentencing, even when the assault is perpetrated by other inmates, it is our view that frequently the assault was contributed to by the negligence of the prison, its management or staff.
Prisoners are often uniquely vulnerable. They have no choice about what jail or cell they are placed in. They have little choice about who they room with, eat with or shower with. Jailers have a legal duty to take reasonable steps to protect their prisoners. In many cases, we have been able to show that the jail staff knew or ought to have known that an assault was likely and taken steps to prevent it. If they fail to do so, and a serious injury occurs, we are often able to obtain compensation for the injured person.
If your loved one has suffered serious injuries in a prison assault, contact us to see if we can assist.