Sexual assault, a crime that is horrifying in its frequency and devastating in its consequences, continues to plague the United States. And the numbers are staggering. According to the National Sexual Violence Resource Center, one in five women will experience rape or attempted rape in their lifetime. Additionally, the U.S. Department of Justice reports that more than 430,000 people are victims of rape and sexual assault each year. What is particularly worrying is that many of these attacks occur in places where people expect to be safe, such as apartment complexes, hotels, shopping centers, and parking lots.
For survivors, the trauma of sexual assault goes far beyond physical and emotional pain. It is often compounded by devastating financial burdens such as medical bills, counseling costs, and lost wages. Although criminal prosecutions may hold perpetrators accountable, civil law provides another path to justice. This means that property owners could be held liable for creating or contributing to the conditions that enabled the assault. Understanding the legal framework for establishing such liability is essential not only for attorneys representing victims, but also for property owners who have a legal obligation to protect their patrons.
Understand a property owner’s duty of care
Under Florida law, property owners have a duty of care to those lawfully on their premises. This duty requires owners to keep their property in a reasonably safe condition and to warn them of any hazards they know or reasonably should know about. When it comes to criminal conduct, including sexual assault, Florida courts have consistently held that property owners must take reasonable steps to protect invitees from foreseeable crimes. Therefore, if the criminal act is considered foreseeable and the property owner did not take reasonable precautions to prevent it, the owner may be liable for the resulting damage. There is.
Demonstrate predictability
At the heart of these cases is the concept of “foreseeability.” A property owner has a duty to take reasonable care to protect individuals lawfully on the premises, but this duty does not apply to criminal activity of which the owner knew or should have reasonably anticipated. It only applies to preventing. When determining whether a crime such as sexual assault was foreseeable, Florida courts consider local crime rates, the facility’s history of criminal activity, and previous similar incidents that occurred on or near the facility. Consider several factors, such as:
For example, our firm recently represented a New York couple who were brutally beaten, strangled, and sexually assaulted in a Miami hotel; I am. During our investigation, police reports were uncovered that revealed more than 1,200 police calls were made at the hotel in the five years prior to the attack. This overwhelming evidence was critical in proving that the assault was foreseeable and paved the way for our firm to obtain an eight-figure settlement on behalf of our client.
Proving foreseeability often requires a thorough investigation to establish that the property owner knew or should have known of the risk of such an assault. It is essential that your attorney request records of past criminal activity from the property owner, as the strongest evidence is often that there have been similar incidents on the property in the past. However, even without evidence of a previous similar incident, a court may still find that the incident was foreseeable if the property is located in a high-crime area. Therefore, your attorney should always obtain police reports and crime statistics for the surrounding area to prove a pattern of criminal activity that the property owner knew or should have known about. Depositions of property managers, security personnel, and other key witnesses provide important insight into the property owner’s knowledge of prior incidents and failure to take reasonable precautions, allowing you to anticipate and address risks. may strengthen the argument that action should have been taken to prevent the
Establishing direct cause
Another important element in these cases is establishing the “root cause.” To be successful, the victim must prove that the crime might not have occurred if reasonable safety precautions had been taken. This would require proving a direct link between the property owner’s failure to provide adequate safety measures and the criminal act itself.
For example, if a tenant is sexually assaulted in a parking lot, the property owner fails to repair the broken lock on the outside garage door despite prior knowledge of the break-in. Evidence that the owner’s negligence was the proximate cause may be sufficient to show that the owner’s negligence was the proximate cause. About the attack. Similarly, when a hotel guest was assaulted in his room, the hotel failed to install a car key reader in the elevator (allowing the assailant easy access to the guest room floor). Such evidence may prove that the owner’s failure to take reasonable safety precautions directly caused the crime. .
Expert witnesses play an important role in establishing proximate cause. For example, a security consultant can provide testimony regarding industry safety standards and whether the security measures in place at the time of the attack met those standards. Such testimony is essential in proving that the absence of certain security protocols increased the likelihood of the crime occurring, thereby reinforcing the link between the property owner’s negligence and the victim’s harm. It could be very important.
counter common defenses
However, property owners rarely admit liability without a dispute. They often argue that the assault was unforeseen, especially if no similar incidents had previously occurred on their property. To counter this, lawyers should focus on the broader situation of crime in the surrounding area and identify specific security concerns that should have alerted property owners to the increased risk of criminal activity occurring on their property. It is necessary to highlight the flaws in
Property owners can also claim that they have implemented security measures that comply with industry standards, such as hiring security guards, installing surveillance cameras, and conducting regular patrols. To challenge this defense, lawyers will need to scrutinize the reasonableness and effectiveness of these measures. Evidence that security personnel were inadequately trained, that surveillance cameras were not functioning or were improperly installed, or that security patrols were conducted sporadically or at predictable intervals is not reasonable. This could undermine the argument that precautions were taken.
Additionally, some property owners attempt to shift the blame onto the victim, claiming that the victim’s own actions contributed to the assault. For example, if a victim is sexually assaulted in a poorly lit parking lot, the property owner may argue that the victim was walking alone late at night, increasing the risk of attack. . In response, the victim’s lawyer argued that the main cause of the assault was the property owner’s failure to provide adequate safety measures, such as proper lighting, surveillance, and security personnel, and the victim’s behavior, namely at night. You need to prove that you were walking to your car alone. –It wasn’t unreasonable under the circumstances.
Proof of damages
For victims of sexual assault, proving damages goes far beyond physical injury. The emotional and psychological trauma that survivors endure is often life-altering, with many experiencing overwhelming feelings of shame, guilt, and violation that can haunt them for years. I am experiencing the feeling of Hyperarousal, anxiety, and debilitating fear can become part of everyday life, making it difficult to trust others, return to normal daily activities, and feel safe in your surroundings. This psychological distress often requires long-term treatment and counseling. Compelling damages offers capture the depth of this suffering through testimony from mental health professionals, friends and family, and highlight victims’ emotional struggles and the lasting impact on their relationships and quality of life. It needs to be highlighted. In addition to significant non-economic damages such as pain, suffering, and emotional distress, it is important to establish economic damages as well, such as medical expenses, lost wages, and reduced earning capacity due to trauma. It is essential that these damages are thoroughly documented, as they can have a significant impact on the amount of your compensation.
navigating the path to justice
Holding property owners accountable for sexual assault is about more than just compensating victims. It’s about enforcing a standard of care that protects everyone. When property owners fail to take reasonable precautions against foreseeable harm, this law not only ensures justice for victims, but also ensures that businesses take meaningful safety measures that enhance public safety. We offer remedies to encourage you to do so. These cases are often emotional and legally complex, but they are essential to building safer communities. In a legal context where the stakes are deeply human, the pursuit of these claims embodies the law’s highest mission: to promote safety, demand accountability, and ensure justice.
Evan Robinson is an attorney with Leesfield & Partners. He is a trial attorney who handles complex personal injury and wrongful death cases. He has represented numerous individuals and their families in sexual assault cases. To contact him (email protected)
