Negligent Security Claims in Florida: Sexual Assault
A sexual assault is a serious crime. The victim may have a civil claim. That claim can be brought not only against the person who committed the act of sexual violence, but also against any negligent third party. A business or property owner may potentially be held liable in a civil sexual assault claim on the grounds of negligent security. Here, our West Palm Beach sexual assault and battery lawyer helps victims understand negligent security claims in Florida.
What is a Negligent Security Claim (Premises Liability Law)?
A negligent security claim is a type of premises liability claim brought against a property owner or operator for failing to take reasonable steps to protect lawful visitors from foreseeable criminal acts. Under Florida law, businesses and other property owners owe a duty of reasonable care to maintain their premises in a reasonably safe condition. That duty can include providing adequate security measures when prior crimes or surrounding conditions make criminal conduct, including sexual assault and other forms of sexual violence, reasonably foreseeable.
Negligent Security Claims Focus on Foreseeable Risk, Not Blame
A negligent security claim does not question a victim’s conduct. It examines whether a property owner failed to take reasonable steps to protect people from foreseeable criminal acts. Under Florida premises liability law, businesses and property owners owe lawful visitors a duty to maintain reasonably safe conditions. That duty can include providing adequate security when prior crimes, location risks, or operational factors make violent acts foreseeable. In sexual assault cases, the legal focus stays on what the business or property owner knew or should have known and whether reasonable security measures were absent.
What Compensation Victims Can Recover Through a Civil Negligent Security Claim
A civil negligent security claim allows a victim to seek compensation separate from any criminal case. Recoverable damages may include medical expenses, counseling and mental health treatment, lost income, reduced earning capacity, and non-economic damages such as pain and suffering and emotional distress. Florida law recognizes the profound psychological harm caused by sexual assault.
Negligent Security Claims are Time-Sensitive
In Florida, negligent security claims and other premises liability cases are generally subject to a two-year statute of limitations (Florida Statutes section 95.11(3)(a)). That is true for claims involving sexual violence. If you or your victim was a loved one, a proactive approach is key: Consult with a West Palm Beach sexual assault lawyer right away.
Note: There is an exception to the statute of limitations for cases involving victims who were minors at the time of the attack.
We Advocate for Justice for Victims in West Palm Beach, Florida
At Pike & Lustig, LLP, our West Palm Beach sexual assault victims’ rights lawyer is a compassionate, experienced advocate for justice. We put victims and families first. If you or your loved one has questions about a negligent security claim, please do not hesitate to contact us today for a free case review. We handle civil sexual assault cases throughout all of South Florida.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0095/Sections/0095.11.html
