Florida sexual abuse attorney

Florida Sexual Abuse Settlements May Absolve Future Defendants, Should Be Drafted With Great Care

January 14, 2022 | by David J. Halberg, Esq.

When negotiating Florida sexual abuse settlements, one must exercise great care and use precise language. Failure to do so may unintentionally absolve other responsible parties of future accountability. West Palm Beach sexual abuse attorneys

Recently, defense attorneys for Britain’s Prince Andrew, attempting to get a federal civil sexual abuse lawsuit tossed in New York, cited a prior settlement agreement signed in Florida. The prior settlement agreement in question was signed by alleged sexual assault victim, Virginia Giuffre (who has agreed to make her identity public) Andrew’s one-time associate, Jeffrey Epstein. The latter was a jet-setting financier with many high-profile friends who died in 2019 while awaiting a criminal trial for decades of alleged sex trafficking of minors – including Giuffre.

At issue in the pending civil litigation of Giuffre v. Prince Andrew is a $500,000 Florida sexual abuse settlement agreement Giuffre and Epstein signed in 2009. The question is whether it released others – like Andrew – whose purported sexual encounters with underage girls were allegedly arranged and/or facilitated by Epstein.

The prince has vehemently denied Giuffre’s allegations that he sexually abused her when she was a minor. Regardless, his attorneys argue that he’s shielded from civil litigation by that 13-year-old settlement agreement because it contained a provision indicating Giuffre would not bring any future claims against other “potential defendants.” Continue reading

Study: 1 in 4 College Athletes Experience Sexual Assault By Authority

September 12, 2021 | by David J. Halberg, Esq.

Ongoing testimony of sickening abuse of U.S. Olympic gymnasts by an organization doctor has led to demands for significant change in sports organizations. Collegiate-level sports organizations should take heed, especially as a new study by the non-profit Lauren’s Kids revealed 1 in 4 current and former college athletes surveyed reported experiencing sexual assault or sexual harassment by someone on campus who was in a position of power. That is compared to 1 in 10 in the general student population. Palm Beach sexual abuse attorney

In other words, college athletes were 2.5 times more likely to encounter sexual abuse than their peers.

Coaches, it was indicated, were the most commonly-identified group of abusers.

USA Today reported this fact with a number of anecdotes from high-profile cases in recent years. Among those: Continue reading

Claims of Negligent Hiring in Florida Sexual Assault Lawsuits

April 13, 2021 | by David J. Halberg, Esq.

As West Palm Beach sexual assault lawyers can explain, many civil sexual abuse cases are filed against employers because predators too often gain access to victims while acting in their professional capacity. Claims of negligent hiring stem from Florida courts’ recognition that employers can be held liable for their employees’ willful negligence or even criminal misconduct (including sexual assault) if the employer knew or should have known prior to hiring that the worker posed a possible threat to the public. West Palm Beach sexual assault attorneys

When a company fails to properly vet its employees, this can be a breach of the duty of reasonable care owed to customers, clients, visitors, patients, students, etc. Thorough background checks may be especially important when the job is one of significant trust or involves serving vulnerable populations. Examples may include (but aren’t limited to):

Teachers
Police officers
Medical professionals
Nursing home staff
Hotel staffers
School sports organizations

A claim of negligent hiring asserts employer liability for failure to exercise due diligence in hiring someone, who in turn goes on to injure someone in the course of their employment. This sort of claim isn’t limited to sexual assault cases. For example, a trucking company that fails to check truckers’ past driving records could be fairly accused of negligent hiring if a driver with a spotty driving history later causes a serious crash.

Related torts include negligent retention (employer was negligent in continuing to employ the person) and negligent supervision (employer failed to adequately supervise employee). For each, plaintiffs must prove that the employer’s lapse proximately caused the plaintiff’s injury. Negligent security is another possibly related tort. Negligent security is when abuse or assault occurs on the premises of a property owner/manager that failed to provide an adequate level of security. Continue reading