Florida sexual abuse lawyer

Judge Warns Witness Intimidation in Florida Sexual Abuse Lawsuit May Be Gross Negligence

March 10, 2024 | by David J. Halberg, Esq.

A national sports league has been accused in a Florida sexual abuse lawsuit of trying to intimidate potential witnesses into silence – an action the judge warned could be interpreted by a jury as gross negligence. Such a finding would be noteworthy because in Florida civil sexual abuse cases, evidence of gross negligence opens the door to punitive damages. That could possibly triple the amount of damages the defendant would have to pay.

Gross negligence is defined in F.S. 768.72 as conduct so reckless or wanting in care that it constitutes a disregard or indifference to the life, safety, or rights of persons exposed to it. Florida sexual abuse lawsuit by former tennis player

The United States Tennis Association, which is being sued by a young player (K.M.) alleging she was sexually assaulted by a coach while training at the USTA’s Orlando headquarters, is trying to suppress damaging testimony of another player.

In her sexual abuse lawsuit against USTA, plaintiff K.M. says the tennis organization negligently failed to protect her from an allegedly predatory coach (age 34) while she was training with him away from home as a vulnerable 19-year-old. She’d been with the organization since she was 12. She tried to quit several years in, in part citing harsh treatment from prior coaches. But the USTA reportedly convinced her to stay and specifically paired her with the coach in question.

The player whose testimony the USTA is now trying to shut down is Pam Shriver, a well-known 21-time Grand Slam doubles champ and popular sports commentator. She’s also survivor of sexual abuse who has been vocal about her experiences being preyed upon by adults in the sport as a minor.

Tennis League Lawyer Accused of Trying to Intimidate Witness

Filing a Florida Lawsuit for Sexual Assault on a Boat

February 5, 2024 | by David J. Halberg, Esq.

When sexual assault occurs on a boat off the coast of Florida, survivors can understandably be a bit perplexed about their options for legal recourse. What jurisdiction is in charge? Who can be held responsible? How much time is there to file? West Palm Beach sexual assault lawyer

At Halberg & Fogg, our West Palm Beach sexual abuse lawyers are committed to the fight for accountability in the wake of such offenses. We know that survivors of sexual assault often have a number of legal options, but it’s imperative to be deliberate in the actions we take. A misstep could mean wasted time, added trauma for survivors and potentially lost opportunities to pursue justice.

The jurisdiction (court that has authority) and the laws that will apply in a civil sexual assault lawsuit stemming from an incident on a boat will depend on a few things.

These are: Continue reading

Florida School District Liability for Student Sexual Assault

June 15, 2021 | by David J. Halberg, Esq.

Schools are supposed to be safe places. But childhood sexual abuse has long been a scourge, and nowhere is fully protected. Data released last year by the U.S. Department of Education revealed sexual violence at K-12 schools rose by about 50 percent in a single recent school year, from 9,600 in 2015-2016 to 15,000 in 2017-2018. South Florida sexual abuse attorney

While discourse around sexual assault in the education world has historically revolved around college campuses (where 1 in 5 women report experiencing sexual violence), our South Florida sexual abuse attorneys know the problem isn’t confined to those locations, or even to older students.

Exacerbating the problem is that administrators in K-12 schools are more likely to be unprepared or unaware of their duties under state and federal law when it comes to handling allegations of sexual assault. Students may not know who to tell and some have even been punished for coming forward.

If your child has suffered sexual abuse at school in Florida, it’s important to understand that it’s not just a criminal investigation that will ensue, but that you can often pursue civil penalties as well. For example, virtually all courts recognize that a child abuse reporting statute (in Florida, F.S. 39.201) establishes a duty to children, the breach of which can be the basis for a civil lawsuit for damages. So if a school employee learns of abuse and fails to alert proper authorities, the school district and the staffer can be held liable in civil court. Continue reading

Should I Sue for Florida Sexual Assault? Civil Injury Lawyers Can Advise.

March 3, 2021 | by David J. Halberg, Esq.

Florida has two sets of legal justice systems: Criminal and civil. The sole purpose of the criminal justice system is to punish the offender. Prosecutors represent the government in pursuing charges. In criminal sexual assault cases, the survivor is a witness. In the civil justice system, the survivor is the driving force, with the primary goal of compensation to the victim for physical harm, emotional damages and other adverse impacts. In some cases, survivors can compel third parties (schools, hospitals, sports programs, etc.) to compensate them for any negligence that created an opportunity for the assault to occur. Civil actions can also result in third parties being ordered to to take certain actions to prevent future assaults. Florida sexual assault civil lawyer

As South Florida sexual assault attorneys, we represent survivors as they work their way through the civil justice system. We can also help protect their interests if there is a pending criminal case. We do believe that if someone else’s criminal or negligent actions caused you physical injury, pain and suffering and mental anguish, they should be accountable for it.

We fully recognize that no amount of money is going to erase the awful realities of what happened. But damages can help to offset the cost of things like medical bills, trauma counseling and the wages you have lost while trying to piece your life back together. It’s also a measure of justice for the loss of intangible things, such as your mental health and the damage to your personal relationships.

The decision to move forward with civil litigation is a substantial one, and shouldn’t be made lightly. It’s very important that you review the strength of your claim, the potential emotional impact and the best and worst case outcomes. Continue reading

Uber Accused of Failing to Protect Riders From Sexual Assault

December 28, 2020 | by David J. Halberg, Esq.

A judge in California recently fined rideshare giant Uber nearly $60 million and threatened to suspend its license to operate in the state if the company refuses to pay the penalty and respond within 30 days to questions regarding the company’s records on sexual assaults. South Florida sexual assault lawyer

As our South Florida civil trial sexual assault lawyers know, a safety report released by the company last year revealed some 6,000 sexual assaults that were reported to Uber in connection with rides between 2017 and 2019.

As a public service provider, Uber and other ridesharing companies undoubtedly have some responsibility to keep customers safe. The extent of this responsibility, though, is part of what is being litigated in hundreds of sexual abuse lawsuits across the country. Continue reading

Florida Sexual Abuse Lawsuits Often Involve Predators in Positions of Trust

August 22, 2020 | by David J. Halberg, Esq.

Many Florida sexual abuse lawsuits stem from a violation of trust by someone in a position of power. Cases in recent years have included coaches, teachers, health care workers, bosses, corrections officers and clergy. South Florida sexual abuse lawsuit

Although a survivor of sexual abuse by any perpetrator may have grounds to claim civil liability damages against that individual, cases with at least one third-party defendant tend to have a higher chance of success in terms of an actual payout. Many third-party defendants in sexual abuse cases are organizations, institutions and agencies that owed a duty to protect the victim – and failed.

One such case recently reported on by The Tampa Bay Times stemmed from a 2018 incident in which a 19-year-old woman was admitted involuntarily to a local hospital under the state’s Baker Act. Because there was concern she might harm herself, her family was not permitted to see her and she was assigned one-one-one mental health evaluation and care. According to the recently-filed Florida sexual abuse lawsuit, that employee sexually groomed and abused the patient over a five-day period. The employee was later fired, arrested and convicted of sexual misconduct. He was sentenced to six years of probation and required to register as a sex offender. Now, both he and his former employer are being sued. Continue reading