South Florida Injury Lawyer Blog
A recent sexual civil assault filed by a Florida woman centered on her alleged rape and resulting pregnancy involving a rideshare driver 5 years ago.
Sexual assault civil tort claims in Florida are typically time-barred after 2 years, thanks to Florida’s statute of limitations, F.S. 95.11 (with some exceptions if the victim was a minor at the time or within the dependency of an abuser). However, this was filed as a federal claim in the U.S. District Court for the Northern District of California, San Francisco Division, where the rideshare company is based. That state has a 10-year statute of limitations for civil sexual assault claims, which may be tolled beyond that if the individual didn’t immediately realize they’d been assaulted.
As West Palm Beach sexual abuse lawyers, we work with survivors of sexual assault and abuse to scour all possible means of recovery available through the civil claims process. Sometimes, that can involve claims directly against the attacker/abuser. More often though, just like in this case, claims are against a third-party, such as a property owner that failed to secure the site, an organization that failed to protect vulnerable populations, or an employer who was careless in hiring and/or employing dangerous individuals.
Florida civil sexual abuse lawsuits are entirely separate from criminal cases. It is not necessary to secure a criminal conviction to pursue a civil claim, and the proof burden is lower for civil cases than criminal matters.
Here, the defendant was the former employer of the driver accused in the attack. According to the complaint, the plaintiff is alleging the company is vicariously liable for the acts of its driver, but also directly negligent for failure to warn, breach of contract, product liability failure to warn (i.e., alleging the app was unreasonably dangerous for users), and negligent hiring, retention, and supervision. In addition to financial damages, she wants the rideshare platform to expand its safety features to include better background checks and driver monitoring. Continue reading