At Cowen Edwards, we stand up for any victim of sexual assault in the Fort Lauderdale area. These cases are especially tragic when they could have been prevented if a business or property owner had provided more security or any security at all at the scene.
The owners and operators who are guilty of “negligent security” should be held fully accountable. If you have been a victim, please contact our lawyers for a free, confidential consultation on how to seek justice and support.
Do I Need a Lawyer After a Sexual Assault Due to Negligent Security?
After a rape or sexual assault occurs, victims will need support as they begin healing and rebuild their lives. Unfortunately, the business owners who allowed such a tragedy to happen don’t always accept liability right away. Their insurance adjusters will be trying to help the owner or corporation escape blame.
Unfortunately, a property owner or a large company will also have the resources to hire lawyers to help them avoid accepting responsibility. It’s a frustrating and difficult process, especially for someone who’s just gone through such a terrifying assault. One way an attorney can help a victim and the victim’s family is by handling this process and all communication with the opposition.
A skilled attorney can seek justice and full financial support for victims, while giving victims time to focus on healing. What’s more, a Cowen Edwards Trial Lawyers can often get much more for victims through a civil claim than they could secure for themselves.
Can Businesses Be Held Responsible for Sexual Assault Crimes?
Business and property owners are responsible for the safety of the people they invite in. They must look out for customers, clients, tenants, ticketholders, and others when they open their doors or allow people onto their properties.
When a sexual assault occurs and the lack of security is a contributing factor, owners can be held financially responsible for the victims’ physical and emotional recovery. The absence of safety measures is described by the legal concept known as negligent security.
This duty to keep guests safe can leave a landlord liable after a sexual assault at a Fort Lauderdale apartment complex. Negligent security can leave a night club owner liable after a sex assault at a Fort Lauderdale nightclub. An employer would be liable after a sexual assault occurs in the workplace.
Common Locations and Negligent Security Risks Contributing to Sexual Assault
In most cases, the owners and operators could have done more to prevent the crime. If they had hired more security or taken steps to make a business or parking lot more secure, the assault could have been prevented.
These are just a few of the types of businesses and properties where security can be neglected and victims can suffer sexual assaults:
- Stores, gas stations
- Restaurants, nightclubs, and sexual assaults at bars
- Apartments
- Hotels and Motels
- Festivals and concerts
- Parks
- Schools
- Theme parks
- Cruise ships
- Sexual assaults on college campuses in the Fort Lauderdale area
- Sexual Assaults at Florida Casinos
There are many steps owners can take to make their properties and businesses safer. Unfortunately, owners or corporations may look to save money and cut back on security measures. They can also just be careless and fail to consider the safety of their customers and clients.
These are a few of the lapses in security that can pave the way for crimes such as physical and sexual assaults:
- Lack of proper lighting at night
- Overgrown trees and bushes that create concealed areas
- Missing or non-functioning surveillance cameras
- Lack of security guards in the area
- Failure to warn customers of previous assaults on the premises
- The hiring of employees who have a violent criminal record
- Allowing entrance to a resident or customer who poses a crime risk to others
- Broken locks and security gates
A skilled Fort Lauderdale Negligent Security Lawyer would fully investigate and collect evidence of these lapses and more. That evidence will be key when a business or company tries to blame a victim or blame someone else for what happened.
When Can a Civil Claim Be Filed After a Sexual Assault?
Victims of sexual assault and their families can file a sexual assault claim any time they and their case are ready. This is a civil case and is separate from a criminal trial that may be coming up for a sexual assault suspect.
The civil claim against an at-fault business or property owner can be filed and settled at any time, even if the criminal trial has yet to get underway or is ongoing. The verdict in a criminal trial doesn’t necessarily affect the outcome of a civil trial.
Your attorney would first file a claim with the negligent business or property owner and seek to negotiate a settlement with the defendant. If the owner’s insurance company and lawyers refused to accept full responsibility for the assault, your lawyer would be ready to file a lawsuit and take the negligent party to court.
Companies and insurance providers usually want to avoid going before a judge and jury. They want to avoid the cost of going to court and the bad publicity. When you have an attorney handling your case, your lawyer represents the threat of a trial. The presence of a lawyer can make insurers more likely to offer the maximum in support in a settlement.
Earning Support for Fort Lauderdale Sexual Assault Victims
Victims will need financial support to pay for the care they already received and the care they may need in the years ahead.
- Support for all medical bills related to physical injuries, medications, and rehabilitation for as long as necessary
- Support for the physical pain experienced by victims
- Support for the emotional trauma caused by a sexual assault, such as depression, anxiety, PTSD symptoms, and the loss of enjoyment of life
- Money to pay for therapy
- Reimbursement for the lost income victims face while being unable to work
When companies display gross negligence (negligence so careless that it almost rises to the level of intentional harm) a court might award punitive damages to punish the company owner or corporation.
This penalty is meant to deter similar lapses in security in the future. The punishment doesn’t involve the victim, but the financial penalty is awarded to the sexual assault victim.
Dedicated Fort Lauderdale Negligent Security Sexual Assault Lawyers
After a frightening attack, victims will have enough to deal with as they seek to heal. When the negligent security of a business contributed to a sexual assault, victims should never have to worry about financial concerns while in recovery.
At Cowen Edwards we go to work to earn justice for victims while causing as little disruption to victims and their families as possible. We want to make sure the victims of crime have everything they require to begin to recover physically, emotionally, and financially.
When you’re hurt in a negligent security incident in Fort Lauderdale, we’ll be there to stand up for your rights and hold those responsible fully accountable. Don’t wait–contact us today to set up your free, confidential consultation.
