Can You Sue a Bar for Sexual Assault?

Sexual assault at a bar is a terrible crime. Unfortunately, it remains a problem. In Florida, a bar or other similar establishment can be held legally responsible for sexual assault if it failed to provide adequate security or knowingly allowed a dangerous environment to persist. Here, our Miami civil sexual assault lawyer explains the key points to know about suing a bar for sexual misconduct in Florida.

Civil Sexual Assault Claims: Holding a Bar Liable 

Bars have the responsibility to provide reasonably safe conditions for patrons. Among other things, that includes protecting customers from the risk posed by other customers, including highly intoxicated people. A bar can be held liable if its negligence contributed to sexual misconduct. Liability may arise if the establishment over served alcohol to an aggressor, ignored prior incidents, or lacked proper safety measures to protect patrons. Here are key elements that you will need to establish in order to hold a bar in Florida liable for a sexual assault on its premises:

• Duty of Care: You must prove that the bar had a legal duty to maintain a reasonably safe environment for you (as a patron). Typically, this requires establishing that you were lawfully on the premises.
• Negligence: You must prove negligence. That means establishing that the bar failed to take reasonable steps to prevent the assault. Some examples include lack of security personnel or inadequate security, poor lighting in high-risk areas, overserving alcohol to visibly intoxicated people, and the failure to eject aggressive or threatening patrons.
• Causation: Finally, you must prove that there is causation between the negligence on the part of the bar and the sexual assault that you endured.

 What is the Statute of Limitations for a Civil Sexual Assault Claim Against a Bar in Florida? 

​In Florida, the statute of limitations for filing a civil sexual assault claim against a bar—which is a type of claim that is generally brought under premises liability law under the theory of negligent security—is generally two years from the date of the incident. Only very narrow exceptions apply. Be proactive: Consult with a Florida civil sexual assault attorney right away.

 Recovering Compensation for a Civil Sexual Assault 

If you were the victim of a sexual assault at a bar, restraint, or other similar establishment in Florida, you have the right to seek compensation for the full extent of your damages through a civil claim. Unfortunately, businesses and their insurance companies fight hard to pay out as little as possible. Our Florida civil sexual assault lawyers help victims seek compensation for:

• Emergency medical care;
• Hospital bills;
• Other medical costs;
• Physical therapy;
• Mental health counseling;
• Loss of wages;
• Diminished earning power;
• Pain and suffering;
• Mental anguish;
• Long-term disability; and
• Wrongful death.

 Contact Our Miami Civil Sexual Assault Attorney Today

At Pike & Lustig, LLP, our Miami sexual assault lawyer is a compassionate advocate for victims and families. If you or your loved one was the victim of sexual assault at a bar, we can help you bring a civil claim. Call us now or contact us online for a free, no obligation consultation. Our firm handles civil sexual assault claims throughout Southeast Florida.