sexual assault attorney

“Can I Sue Uber for Rideshare Sexual Assault in Florida?”

August 20, 2023 | by David J. Halberg, Esq.

Over the last few years, there have been thousands of reported rideshare sexual assault allegations across the country – a fair number of those in Florida. Filing civil sexual assault lawsuits against rideshare companies like Uber or Lyft is somewhat complicated by the fact that drivers are not employees, but independent contractors. As such, they can not be held vicariously liable for the actions of employees for wrongdoing on-the-job.

However, as our Palm Beach sexual assault attorneys can explain, they can be held responsible for direct negligence with respect to inadequate background checks and failure to warn passengers of a driver with a violent criminal record. Palm Beach rideshare sexual assault lawyer There may in fact be several legal theories upon which you may base a successful claim against Uber, Lyft, or other rideshare company for failure to protect against sexual assault. This is true for drivers as well as passengers (as both have reportedly been attacked).

Two recent Florida rideshare liability lawsuits allege systemic shortcomings with respect to adequate background checks of drivers. One of those cases involves sexual assault, the other identity theft. (Even though the alleged crimes were dissimilar, the underlying issue with prior criminal records can establish a pattern.)

In one of those cases, a young woman in Tampa alleges an Uber driver sexually assaulted her after she scheduled a ride home after a night out. She was intoxicated, she said, and did the right thing by calling for an Uber driver to get her home safely. But according to the sheriff’s office, he did not take her home. Instead, he sexually assaulted her over a period of 4 hours. Eventually, he took her to the hotel where her friends were staying. Her friends said she returned with undergarments askew and having soiled herself. The following morning, after piecing together what happened, she went to a rape crisis center and underwent a sexual assault exam. When later questioned by police, the driver – who was twice the victim’s age – admitted to engaging in sexual intercourse with her, but insisted it was consensual. However, she said she was so impaired she has no memory of what happened. She did not consent – and could not have consented given how impaired she was.

The driver was arrested for sexual battery and has pleaded not guilty. But the Florida civil sexual assault lawsuit against Uber alleges the driver should never have been working for that company to begin with – especially knowing he’d be entrusted with the safety of vulnerable passengers absent any direct supervision. Continue reading

What to Know About Suing for a South Florida Cruise Ship Sexual Assault

August 10, 2022 | by David J. Halberg, Esq.

The sudden trauma of a South Florida cruise ship sexual assault can leave survivors feeling stunned, shaken, and unsure of their next steps.

As longtime Palm Beach sexual abuse assault attorneys, we are committed to helping survivors and their families pick up the pieces and pursue justice and accountability through civil litigation. This is separate from any criminal investigation or case that may be ongoing. The purpose of civil litigation in these cases is typically to hold accountable any parties who failed in their duty to protect the victim.

A number of recent high-profile cruise ship sexual assault cases have highlighted both the seriousness and unfortunate prevalence of these incidents.

Recently, a federal jury in South Florida awarded a sexual assault survivor more than $10 million after her rape by a Carnival Cruise Line crew member. Although the jury did not find the cruise line was negligent, maritime law allows defendant cruise lines in civil sexual assault cases involving employees to be held strictly liable. Strict liability does not require proof of negligence by a defendant. (This is different than state-level civil sexual assault cases, which typically require proof that the company/defendant failed in some duty of care owed to the plaintiff. This usually involves a failure to maintain a safe premises, negligent hiring/background checks, or inadequate supervision.)

The incident that recently led to the $10 million verdict occurred in 2018 and involved a crew member. He claimed the encounter was consensual, but was fired for violating the cruise line’s policy forbidding fraternization with patrons. The FBI did not pursue criminal charges against him, but the federal jury in the civil case found that he did sexually assault her.

Cruise Ship Sexual Assault Statistics

USA Today recently reported that, per U.S. Department of Transportation figures, more than 100 allegations of cruise ship sexual assaults involving ships embarking/disembarking in the U.S. were reported in 2019. The year before, there were 82. New figures haven’t been posted since pandemic-related shutdowns stymied the industry, which is just now starting to regain steam.

Rape crises experts say that factors impacting the high numbers of cruise ship sexual assaults include an abundance of alcohol, close quarters, and a lack of independent law enforcement. Of course, as our Palm Beach civil trial lawyers can explain, cruise ships do have security. However, these are not public law enforcement agencies. They’re private companies hired by the cruise ships.

Survivors of Florida Cruise Ship Sexual Assault Should Seek Immediate Legal Counsel

South Florida Sexual Assault Lawsuit Against Hotel Settled for $16 Million

July 20, 2022 | by David J. Halberg, Esq.

A survivor of a brutal rape and beating recently prevailed in her South Florida sexual assault lawsuit against the Miami hotel where the attack occurred and its security company, settling for $16 million for their failure to protect her. Florida hotel sexual assault lawyer

According to Local 10 News, 67-year-old woman, a tourist who was staying at the hotel with her husband last July, was beaten, strangled, choked, and forced to perform oral sex on her 22-year-old attacker in a vicious assault that took place in an open hallway and elevator. (The husband, also, was apparently beaten, pushed to the ground, and bitten by the man.) Despite her repeated screams and cries, none of the hotel staffers intervened. The man then reportedly tried to rape the woman, but was finally stopped when Miami-Dade police officers arrived on scene and arrested him. The attack left the victim with life-threatening injuries, including brain bleeding, collapsed lungs, broken ribs, and traumatic brain injury. After she was discovered, she was rushed to the hospital, where she underwent an 8-hour surgery to save her life.

The alleged attacker is still facing charges of sexual battery, felony battery, assault, and kidnapping.

As our South Florida sexual assault lawyers understand, the investigation into the liability of both the hotel and the security company revealed fairly damning evidence. The beating and sexual assault reportedly took place in the middle of an open hallway for 10 full minutes.

Although the hotel and security company deny any wrongdoing, the latter agreed to settle her claims for $5 million and the former for $11 million, respectively. In the aftermath of the incident, both the hotel and the security company have made improvements to security policy and procedure.

How Can a Hotel or Other Third Parties be Liable for Rape?

It’s not clear from news reports whether the attacker was a guest at the hotel, an employee, or a trespasser. There likely is no evidence that the third-party defendants (hotel and security company) had any prior knowledge of the defendant’s intent or intentionally helped him to carry out his alleged crimes. So how is that they can be held legally responsible? Continue reading

How Successful Are Sexual Assault Lawsuits Against Child Welfare Agencies?

July 25, 2021 | by David J. Halberg, Esq.

It was reported recently that a group of child abuse victims are suing their ex-foster parents as well as the state’s child welfare system for more than $25 million. The foster parents were reportedly in the process of adopting several of the children, who were placed with them in Alabama, when they moved to South Florida. The couple was charged with multiple counts of child abuse, sexual abuse, rape, human trafficking, sexual torture and other sexual crimes. The man pleaded guilty and was sentenced to 25 years in prison. The woman is awaiting trial. Florida sexual assault lawyer

The civil lawsuit is against the state’s Department of Human Resources as well as their former foster parents. Plaintiffs say the agency and its employees received complaints about alleged abuse and neglect, but failed to act, resulting in ongoing sexual assaults, physical pain and suffering and emotional trauma. A sexual assault attorney for the victims told reporters he wants to ensure this doesn’t happen to anyone else. Part of what plaintiffs are seeking is reform of the child welfare system.

As our Palm Beach sexual assault lawyers know that the successful are sexual assault lawsuits against child welfare agencies depends on numerous case-specific factors.

Some of the elements we’ll look at are:

Did the case workers make all scheduled visits?
Did they conduct proper investigations when they certified the foster parents?
Did they check on any complaints that occurred?

Sexual Abuse In Florida Jails, Prisons Grounds for Civil Lawsuit

February 6, 2021 | by David J. Halberg, Esq.

In Florida, as well as in every other state, it is an unlawful civil rights violation for guards or staff to engage in sexual relations with prisoners. In this dynamic, no sexual encounter can be considered consensual because prisoners cannot legally consent to sex with someone who has authority over them. It’s further understood that refusal invites risk of retaliation. jail-300x200

Unfortunately, the reality is sexual assaults occur far too often in prisons. Some callously view it as “part of the punishment,” but that is unequivocally false. As our South Florida sexual assault lawyers can explain, it can be grounds for civil litigation – against the guards, staff and the prison itself. Claims against government agents and agencies are not easy cases, but they can be successful. Accountability in these matters not only brings justice for victims, but helps reduce the chances that future inmates will be preyed upon in the same way.

Recently, the U.S Justice Department’s Civil Rights Division concluded an investigation into the conditions at Lowell Correctional Institution in Ocala, Florida, finding reasonable cause of Eighth Amendment violations for failure to protect prisoners from sexual abuse and assault by the staff. This is an express violation of provisions of the Civil Rights of Institutionalized Persons Act of 1980, a federal statute that protects the civil rights of those in correctional facilities, nursing homes, mental health facilities and institutions for those with developmental and intellectual disabilities.

Officials at prisons have a constitutional responsibility to protect prisoners from harm. Prosecutors for the DOJ say that incarcerated women at the Florida prison were frequent victims of sexual abuse by prison staff. Further, women were discouraged from reporting the abuse and some investigations were even handled by the abusers themselves. As reported by Courthouse News, there were numerous documented cases of sexual coercion and rape, as well as reports of daily sexual harassment, groping and actions like watching inmates shower and use the toilet. Threats of solitary confinement or withholding basic necessities reportedly occurred when inmates objected. Some inmates were allegedly beaten and physically assaulted when they objected. Continue reading

4 Things to Know About Florida Sexual Assault Lawsuits

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

Accountability for sexual assault is most often thought of in the context of criminal law. An attack occurs, followed by a police investigation and possibly arrest, prosecution and incarceration. However, victims have other avenues of accountability through civil courts. Specifically, we’re talking about a type of premises liability claim known as negligent security. West Palm Beach sexual abuse lawyers

Those who own and manage property such as nightclubs, hotels, resorts, amusement parks, dormitories, shopping centers and apartment buildings have a legal duty to provide a safe, secure place for their patrons and guests. That means protecting them from foreseeable risks, which includes criminal attacks such as sexual assault.

It is not that Florida property owners are expected to anticipate every random crime. However, failure to initiate reasonable security measures that in turn makes it easier for a criminal act like rape to occur opens the door to a negligent security lawsuit. So even though the attacker is directly responsible for the assault, property owners, property managers and security firms can also be held liable. Continue reading