Suing a Bar Civilly for a Sexual Assault in Florida
South Florida has some of the best bars and clubs in the entire country. An establishment that furnishes alcohol has a duty to ensure that their premises are reasonably safe for patrons. A bar could potentially even be liable civilly for a sexual assault that happens on its premises if its negligence was a proximate cause of the incident. Here, our Miami civil sexual assault attorney provides a guide to suing a bar civilly for sexual violence in Florida.
What is a Civil Sexual Assault Claim?
A civil sexual assault claim allows an injured victim to pursue accountability and financial recovery against a responsible party through the court system. To be clear, the claim proceeds separately from any criminal prosecution. The victim must prove liability by a preponderance of the evidence. The reasonable doubt standard in a criminal sexual assault case does not apply in civil court.
Note: Defendants in civil sexual assault claims may be either the actual assailant or a negligent third party whose carelessness or recklessness contributed to the attack.
Why a Bar May Be Liable for a Sexual Assault on its Premises
In Florida, a bar may potentially be liable in a civil sexual assault claim. Though bars and other establishments certainly do not have the duty to completely ensure the safety of every patron, state law does impose a responsibility to maintain reasonably safe premises. A bar can be held liable for a sexual assault on its premises if it knew or should have known of a foreseeable risk and failed to take reasonable steps to address it. Civil sexual assault often proceed under negligent security principles. Some factors that can be used as evidence to establish liability include:
- A history of prior incidents;
- Inadequate lighting;
- The lack of trained security personnel;
- Failure to monitor known problem areas;
- Overserving the assailant;
- Overseeing the victim; and
- Negligent hiring.
Sexual Assault Victims Can Recover Compensation Through a Civil Claim
A civil sexual assault claim is an important part of the justice process for many victims in Florida. It is about accountability and compensation. A successful civil claim allows an injured victim to recover damages for both economic and non-economic losses. Economic damages can include medical care, counseling, and lost income. Non-economic damages address pain, suffering, emotional distress, and loss of quality of life.
Know the Deadline: Civil Sexual Assault Statute of Limitations in Florida
As with other types of civil cases, sexual assault claims against bars are time-sensitive in Florida. The applicable statute of limitations depends on the nature of the claim and the age of the injured victim at the time of the assault and the specific theory of liability. Victims may have as little as two years to bring a civil sexual assault claim against a bar. The statute of limitations for a civil sexual assault claim against the assailant himself or herself is generally four years.
Speak to Our Miami Civil Sexual Assault Lawyer Today
At Pike & Lustig, LLP, our Miami civil sexual assault attorney puts injured victims first. If you or your loved one was the victim of sexual assault in a bar, please do not hesitate to contact us today for a free, no obligation, and strictly confidential consultation. We handle civil sexual assault claims against bars and other businesses throughout South Florida.
