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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
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Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
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Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
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Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
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Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
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Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
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Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
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Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
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Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
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Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
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Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
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Your Injury Attorneys in the News: Truths About Medical Malpractice
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Your Injury Attorneys in the News: Yes, You Can Sue City Hall
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Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
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In the News: Ramey & Hailey Year in Review
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In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
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In the News: Parents of Survivor Sue Parents of Shooter
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Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
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In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
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In the News: Nurse Arrested in Sexual Abuse Case
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In the News: Running the Clock on Indiana Medical Malpractice
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In the News: Does Premises Liability Cover Goose Attacks?
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Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
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In the News: when a Product Manufacturer is Not at Fault
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In the News – College Doc’s Sexual Abuse of Students Coming to Light
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In the News – One Week, Four Motorcycle Accidents
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List of Troubled Nursing Homes Released
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In the News: Kansas No-caps Ruling Changes Personal Injury Climate
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In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
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In the News: More Indicted in Last Year’s Duck Boat Tragedy
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In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
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In the News: Malpractice Lawsuit Yields Largest Award in History
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In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse


Stressed girl victim of human trafficking



“Local communities are the most affected by this abhorrent crime,” the U.S. Department of State warns in its Trafficking in Persons Report 2018, and “we need to become more vigilant.” The Department calls on:


  • law enforcement
  • religious leaders
  • teachers
  • tribal elders
  • business executives
  • communities

to be on the alert for signs of trafficking.

First, what exactly is the crime of human trafficking? It is the act of compelling a person’s labor, services, or sex acts. The crime can involve smuggling victims across international borders, or coercion of a child in his or her home town. An estimated 20.9 million adults and children are bought and sold worldwide, forced into sex slavery or forced labor.  One of the many myths about human trafficking, our Indiana Attorney General explains, is that it does not occur in the United States and does not affect U.S. citizens. In reality, he explains, this exploitive violent, criminal industry places an estimated minimum of 300,000 American youths at risk of becoming victims of commercial sexual exploitation.

Federal criminal law sets punishments, but victims can also recover damages through civil lawsuits, filing claims against those who hurt them.  At Ramey and Hailey Law, we are joining forces with law professionals in other states to come at the problem of human trafficking in a unique way – targeting business entities that profit financially from human trafficking, hitting those businesses where it hurts – their pocketbooks. What do we mean?

U.S. law (The applicable federal law is the Victims of Trafficking and Violence Protection Act or TVPA, originally enacted in 2000) creates corporate liability for entities, such as hotels, casinos, restaurants, and truck stops that benefit from human trafficking if they know or “should have known” about such exploitation and did nothing to alert the authorities or prevent sexual exploitation of minors. A multinational hotel chain, for example, can be sued for millions of dollars if hotel receptionists, concierges, cleaning personnel or room service staff members who witnessed signs of potential exploitation such as control or force, flow of numerous men to visit a female guest or a guest paying in cash and refusing to show an ID were discouraged from “saying something”.

Here in Indiana (where we are part of the U.S. Department of Health and Human Services Region V), top venues for sex trafficking include residences, hotels/motels, escort services, and illicit massage/spa businesses. The relevant Indiana law is Indiana Code Title 35. Criminal Law & Procedure § 35-42-3.5, which names trafficking as a Level 4 felony.  That law forbids:

  • causing or threatening to cause physical harm to a human trafficking victim
  • physically restraining a victim
  • abusing or threatening to abuse the law
  • using blackmail to exercise financial control over the human trafficking victim
  • facilitating or controlling a victim’s access to a controlled substance

As personal injury attorneys in Indiana, we have been helping hundreds of victims of sexual abuse find their way to a new start. We are gratified that a recently passed bill removes immunity for illegal content posted on the Internet. The law now creates civil liability for social media companies that benefit from human trafficking.  The Allow States and Victims to Fight Online Sex Trafficking (FOSTA) amended the Communications Decency Act of 1996, allowing victims of human trafficking to bring civil claims against social media companies.

Under the combination of these two laws, TVPA and FOSTA, victims may bring action against any business that benefits from a venture they should have known was involved in trafficking. The courts can now award damages, as well as attorney’s fees to victims, and even impose punitive damages in the millions of dollars on the corporations that “stood silently by”. As we  at Ramey & Hailey offer compassionate, personalized counsel to victims and their families, we are keenly aware that recovering damages in a lawsuit against a motel or hotel chain, a spa conglomerate, escort service or social media company cannot undo the harm that has been done.  What taking business entities to court CAN do is ease the financial burden on the victims, and just possibly, put a stop to profiteering from human suffering.

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