Can You Hold a Business Liable for a Sexual Assault in the Parking Lot?
Sexual assault is a terrible crime. The person who commits the attack should be identified, arrested, and held accountable for their crime. Other parties may bear civil liability under Florida law. A business who allows an attack to occur because of negligent security practices may be civilly liable for a sexual assault on its premises, including in a parking lot. Here, our Miami civil sexual assault and battery lawyer explains when you can hold a business civilly liable for an attack in a parking lot in Florida.
Premises Liability Law: Business Responsible for Keep Property Reasonably Safe
Civil sexual assault claims against businesses are often a type of premises liability case. Under Florida’s premises liability law, businesses are obligated to ensure their properties are reasonably safe for visitors. The duty extends to protecting customers from foreseeable crimes—including sexual assaults in areas like parking lots. If a business fails to implement adequate security measures—such as lighting, security patrols, or surveillance cameras—it may be found liable.
A Company May Be Liable for a Sexual Assault in its Parking Lot
A business can be held liable for a sexual assault in its parking lot if it can be shown that the assault was foreseeable and the business failed to take reasonable steps to prevent it. Foreseeability might be established by the history of similar crimes in the area or on the property itself. If the business neglected to address these security risks, it could be legally responsible.
What You Need to Prove to Bring a Successful Claim
Civil sexual assault claims are complicated. Holding a business legally liable for sexual assault committed by another party can be challenging. No business or property owner is automatically liable for such a terrible attack. A Florida civil sexual assault lawyer can help you prove fault. There are four required elements:
- You must prove the business had a duty to ensure the safety of the parking lot;
- You must prove that the business violated its duty of care through negligence; and
- You must prove that sexual assault was a reasonable foreseeable risk.
An Overview of Compensation for Sexual Assault Victims
Through a sexual assault claim in Florida, the victim has the right to seek compensation from all at fault parties. Depending in the nature and severity of the attack, compensation may be sought for:
- Emergency medical care;
- Hospital bills;
- Other medical costs;
- Mental health counseling;
- Loss of current and future wages;
- Pain and suffering;
- Mental distress; and
- Reduced quality of life.
We Represent Sexual Assault Victims in Civil Claims in South Florida
At Pike & Lustig, LLP, our Florida sexual assault attorney for victims are standing by, ready to help. If you or your loved one was attacked in a parking lot, we are here to help. Contact us today for your free, fully confidential consultation. With offices in Miami and West Palm Beach, we fight for the sexual assault victims throughout South Florida.
