sexual assault lawsuit

“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

Understaffing Cited in Alleged Florida Child Sexual Assault on Disney Cruise

October 4, 2021 | by David J. Halberg, Esq.

Disney Cruise Lines is facing a Florida sexual assault lawsuit after the family of a 3-year-old girl alleges she was targeted by another child in the ship’s day care. The plaintiffs say the day care was poorly-staffed with employees who weren’t properly trained. The company denies the allegations and expressed their intent to the Orlando Sentinel to vigorously defend against them in court. South Florida sexual assault lawyer

As our West Palm Beach sexual assault lawyers can explain, cruise ship sexual assaults have been an ongoing issue that has rightly garnered much media scrutiny the last several years. Civil litigation in these cases argue premises liability and general negligence, though there are special considerations because of the fact it happened at sea.

Claimants in the most recent case are arguing children aboard the ship’s daycare should have been separated according to age groups to protect the younger kids. The 3-year-old, they say, should have been grouped with infants, toddlers, and other kids under 5. Staffers, they say, should have been better trained about how to prevent and react to improper touching of a child.

Cruise Ship Sexual Assaults

Cruise ships are often referred to as “floating cities,” with movie theaters, restaurants, private quarters – and crime. U.S. government data shows that sexual assaults are the most commonly reported crimes on cruise ships. It’s been revealed also that many victims of sexual assault aboard cruise ships are minors. One report by Congress in 2013 indicated one-third of sexual assaults on cruise ships involve a victim under the age of 18. Continue reading

Proposed “Lookback Window Law” Would Revive Thousands of Florida Sexual Abuse Lawsuits

May 22, 2021 | by David J. Halberg, Esq.

It’s estimated that 1 in 4 girls and 1 in 6 boys will suffer sexual abuse by an adult by the time they turn 18. For too many, these traumatic incidents burden them as secrets carried with them into adulthood, while abusers walk free and the organizations that enabled them are not held accountable in criminal or civil court. In recent years, so-called “lookback window” laws could change that. South Florida sexual assault lawyer

A proposed Florida lookback window law would give thousands of sexual abuse victims in Florida a renewed opportunity to pursue justice. It failed this past legislative session, but lawmakers are proposing to try again next session. More than a dozen states have passed lookback window laws in recent years allowing victims of childhood sexual assault to pursue litigation against their attackers and others responsible, even decades after the abuse ended.

This most recent session, identical bills SB 946 and HB 23 would have created a one-year look-back window in Florida. Sponsors noted that 75 percent of child sexual abuse victims don’t tell anyone for at least one year. Roughly 50 percent haven’t told anyone after five years. Many are silent for a decade or more, as they grapple with a confusing mix of shame, embarrassment and pain. By the time they’re ready just to talk about it, the statute of limitations has expired. Continue reading

How Crime Statistics Factor in West Palm Beach Sexual Assault Lawsuits

July 25, 2020 | by David J. Halberg, Esq.

Like many other large cities, West Palm Beach has its fair share of criminal activity. The Florida Department of Law Enforcement reports that Palm Beach County’s violent crime rate in 2019 was 390 per 100,000 residents. The good news is that’s a drop of about 5 percent from the year before. However, it includes more than 560 reported rapes and sexual assaults, while only 105 arrests were made for these offenses. What some survivors may not realize is that besides the criminal justice system, there is another avenue of accountability: Civil claims filed against third parties for negligent security. West Palm Beach sexual assault lawyer

Crime statistics have proven invaluable in Florida negligent security lawsuits.

Negligent security is a type of civil premises liability claim filed for injuries resulting from a property owner’s negligence. Survivors of rape and sexual assault may have a negligent security claim if they can prove the property owner owed them a duty of care to protect against third-party attacks and failed to put reasonable security measures in place or warn them of possible danger. Continue reading