Can I Sue a Hotel or Apartment Complex for Sexual Assault in Florida?
Yes, you can sue hotel or apartment complex if sexual abuse takes place on their property due to poor security or negligence.
In Florida, hotels, apartments, and other commercial properties have a legal duty to keep visitors and residents reasonably safe. If they fail to protect residents from sexual abuse by hiring dangerous employees or by having poor security, they can be held liable.
You may be able to file a premises liability or negligence lawsuit against the company under Florida Statute 768.81(4) which establishes that commercial properties owe their visitors a duty of care:
in an action for damages against the owner, lessor, operator, or manager of commercial or real property brought by a person lawfully on the property who was injured by the criminal act of a third party, the trier of fact must consider the fault of all persons who contributed to the injury. which establishes that commercial properties owe their visitors a duty of care.
A premises liability lawsuit against the commercial property where the abuse/assault took place is separate from any criminal charges or civil action taken against the perpetrator. The property can be held liable for their role in allowing the harm to take place through negligence.
If you or someone you know were sexually assaulted at a hotel or apartment complex, call (813) 273-0017 to discuss your legal options with a sexual abuse lawyer.
What Do You Need to Prove in a Sexual Abuse Case?
In a sexual abuse lawsuit against a commercial property, you would need to show:
- That the property owed you a duty of care.
- That the commercial property was negligent and breached their duty.
- That their negligence was a cause of the incident.
- That you suffered harm as a result.
Examples of Property Owner Negligence in a Sexual Abuse Case
Hotel negligence can take many forms. Here are some common examples:
- Inadequate security measures: Poor lighting, no security cameras, not enough staff monitoring the property, or broken locks.
- Giving someone unauthorized access to guest rooms.
- Negligent hiring: Failing to conduct proper background checks on employees.
- Negligent retention: If they kept an employee on staff after learning about concerning behavior or complaints.
- Ignoring previous complaints about a dangerous person, area, or situation.
What is the Statute of Limitations for Filing a Civil Lawsuit for Sexual Assault?
Under Florida Statute 95.11, for most negligence claims, you have four years from the date of the incident to file a civil lawsuit. People harmed when they were a minor can file a lawsuit until they turn 25, or within seven years of when they discover that the abuse caused their psychological injury, whichever comes later.
Different laws apply to pursuing criminal charges. Even if you think too much time has passed, discuss your case with a lawyer to determine whether you might be able to file a lawsuit.
Does it Matter Who Committed the Abuse?
Yes, if the abuser was an employee of the hotel or apartment complex, the hotel may be held vicariously liable under respondeat superior which holds the company responsible for their employees’ actions during the scope of their employment.
Even if the employee was acting outside their official job duties, the hotel could still be liable for negligent hiring, supervision, or retention if they should have known this employee was dangerous.
If the abuser wasn’t an employee – maybe it was another guest or someone who came in from outside – the case would focus more on whether the hotel’s negligence created the opportunity for it to happen or failed to prevent it.
Did they have adequate security? Were there previous incidents they ignored? Should they have foreseen this could happen?
What is the “Foreseeability” Issue?
Florida follows what’s called the third-party criminal acts doctrine. Basically, property owners generally aren’t held liable for criminal acts committed by third parties unless those acts were foreseeable. So the question becomes: should the hotel have anticipated this could happen?
Courts look at things like whether there were prior similar incidents at the property, whether it’s in a high-crime area, whether there were specific warnings or threats the hotel ignored – things like that. If the hotel knew or should have known there was a risk and didn’t take reasonable steps to prevent it, they can be held liable.
What Kind of Damages Can I Recover in a Premises Liability Sexual Assault Lawsuit?
You can potentially recover several types of damages. That includes economic damages like medical expenses, therapy and counseling costs, and lost wages if you missed work.
It also includes non-economic damages like pain and suffering, emotional distress, mental anguish, and loss of enjoyment of life. In cases where the hotel’s conduct was particularly egregious (like if they knew about a dangerous employee and kept them anyway) you might also be able to recover punitive damages, which are meant to punish the defendant and deter similar conduct. Florida allows for significant damages in sexual abuse cases.
What if I’m Partially Blamed For What Happened?
Florida has what’s called comparative negligence under Florida Statute 768.81. This means that even if the victim is assigned some percentage of fault, they can still recover damages, though the amount would be reduced by their percentage of responsibility.
However, in sexual abuse cases, courts are very careful about this, and victims are rarely assigned fault. The focus is typically on what the hotel did wrong, not on the victim’s actions. If anyone tries to blame the victim, a good lawyer will push back hard on that.
What Evidence Do I Need?
The stronger your evidence, the better your case. Important evidence includes police reports, medical records documenting injuries or treatment, therapy records, photographs of the scene or injuries, witness statements, hotel records like key card access logs or security footage, employment records of hotel staff, records of previous complaints or incidents at the hotel, and any communications with hotel management. Discuss your case with a lawyer and we can help investigate and obtain evidence through the legal process.
What Should I Do Next?
If the incident just happened, report it to the police. That’s important not just for the legal case but for your safety and to protect others. Next, seek medical attention and document your injuries.
Write down everything you remember about what happened while it’s fresh in your mind. Fourth, preserve any evidence – don’t wash clothes, save text messages or emails, take photos.
Contact a lawyer who specializes in sexual abuse cases or personal injury law in Florida as soon as possible. At Swope, Rodante our sexual assault attorneys offer free consultations and work on contingency, meaning we don’t get paid unless we win your case.
The lawyer will review the specific facts and tell you honestly what your options are. There are also victim advocacy organizations in Florida that can provide emotional support and resources throughout this process.
Where Can I Find Help?
In addition to contacting an attorney, there are organizations that help sexual abuse survivors. The Florida Council Against Sexual Violence has resources statewide. RAINN (Rape, Abuse & Incest National Network) operates a national hotline. Local victim advocacy centers can provide counseling, support groups, and help navigating the legal system. You don’t have to go through this alone.
Contact us for a Free Consultation
The sexual assault and abuse lawyers at Swope, Rodante P.A. are available to discuss your case and give you guidance on how to seek justice against the perpetrator and any other liable parties. Call (813) 273-0017 for a free consultation.
References
Florida Statute 768.81(4) – Premises liability.
Florida Statute 768.81 – Comparative negligence.
Florida Statute 95.11 – Limitations other than for the recovery of real property.
