West Palm Beach sexual assault lawyer

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

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

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