Florida Injury Lawyer Blog
A Las Vegas woman has filed a civl lawsuit in Hillsborough County, Florida, alleging she was sexually assaulted by a pro football player while staying at a mansion in Lutz.
As these incidents continue to come to light, more and more victims are realizing they have a right to pursue civil damages in many of these types of cases.
As we recently reported on our Florida Injury Lawyer Blog, more than 100 Uber drivers have been arrested and accused of crimes involving sexual assault. CNN Money reported many of the cases have led to criminal convictions and/or civil liability, while many other cases are pending in criminal and civil court.
Uber launched in 2010 in San Francisco. The ride-sharing service is valued at $70 billion and operates in 630 cities worldwide — providing 15 million rides a day.
Sexual Assault Lawsuits in Florida
In Florida, ‘Sexual Battery’ is defined as any oral, anal, or vaginal penetration or union with the sexual organ of another, or the anal or vaginal penetration of another by any other object, excluding reasonable medical procedures (§794.011, F.S.).
Criminal arrest is not required to prove claims in civil court. However, consulting with an experienced assault injury lawyer in Florida is best done at the earliest stages of such cases. Beyond making a police report, victims should take careful notes, take pictures, and preserve other evidence.
Until 2010, Florida’s Statute of Limitation (§95.11, F.S., §95.031, F.S. and §95.051, F.S.) required that a minor victim file a civil lawsuit on or before his or her 22nd birthday , with limited exceptions. In 2010, HB 525 amends §95.11, F.S. amended the statute for a civil action when a victim was under 16 at the time of an offense. However, most adult statutes of limitations continue to apply for both civil cases and criminal offenses.
Types of Civil Sexual Assault Claims
Ride-sharing services represent a new front in the fight against sexual assault and abuse. Traditionally, victims most likely to suffer assault or abuse include teenagers and young children. Adults given supervisory responsibility over children have a responsibility for their safety and care. This includes adequate background screening of employees to prevent access to children by predators.
Civil damages for personal injury claims may be pursued based on a number of legal theories, including negligence, premises liability, negligent security and inadequate supervision. Other types of claims involving sexual assault include:
- Sexual assault on school property: Abuse by teachers or coaches can result in a lawsuit against a school district, particularly in cases where negligent hiring or retention is blamed. In other cases, negligent security or inadequate supervision may allow sexual assault involving another student or other third-party.
- Churches and youth groups: These types of claims often involve parochial school students, youth camps or babysitting services. There are special considerations when pursuing religious organizations or nonprofit organizations for damages.
- Work: An employer may share liability for sexual assault against employees on the job. This may include assaults committed by supervisors, or even customers. How your injury attorney pursues your claim will depend upon the facts and circumstances of your case.
- Landlords & business owners: Apartment owners, as well as owners of restaurants, bars, hotels and clubs may also be held responsible for sexual assault under various theories of legal liability, when a preventable or foreseeable assault occurs on their property.
If you or a loved one is injured, call Associates and Bruce L. Scheiner, Attorneys for the Injured, at 1-800-646-1210.
Additional Resources
Las Vegas woman says Jaguars plaster assaulted her at Lutz mansion, June 21, 2018, Florida Politics
More Blog Entries
Injury Claims Stemming from Sexual Assault in Florida, May 18, 2018, Associates and Bruce L. Scheiner
