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Negligent Security Seminar | March 2015

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    Can Employers Be Held Liable if an Employee Commits Sexual Assault?

    As a crime that often carries long-lasting, life-altering repercussions for victims, sexual assault is sadly all too common. According to the Florida Council Against Sexual Violence, approximately one in six women in Florida has or will be raped at some point in their lives, and one in five men have experienced sexual violence other than rape.

    While sexual assaults and similar violent acts are crimes, victims may also be able to pursue a civil lawsuit against a third party in certain circumstances. For example, if the assault was committed by an employee of a business, school, or other organization, the employer could potentially be held liable. If applicable, a lawsuit against the employer may provide the victim with a greater chance of recovering damages to help compensate for their physical injuries, mental and emotional trauma, time off work, and other harms stemming from the abuse.

    Negligent supervision and negligent hiring

    In many cases, employers are held liable for the wrongful acts of their employees or agents through the legal doctrine of respondeat superior. However, this doctrine only applies to acts that occur within the course and scope of employment and generally do not extend to intentional acts. Therefore, sexual assault victims will likely need to consider alternative theories of employer liability, such as negligent supervision and negligent hiring. These claims may arise, for example, if the employer had failed to conduct adequate background checks or had not taken action after becoming aware of the perpetrator’s previous inappropriate conduct. There are also heightened standards of care where as part of their job employees are entering homes or have contact with children.

    As with other negligence cases, victims pursuing a claim of negligent supervision or negligent hiring must demonstrate the following:

    • The defendant’s employer had a duty to the victim, such as the duty to maintain a safe environment for employees and customers of the business.
    • The defendant breached this duty, either intentionally or unintentionally.
    • The victim suffered damages (including the costs of treating physical injuries, counseling needed to address emotional trauma, etc.), and those damages would not have occurred if the defendant had not breached their duty.

    Section 1983/Title IX claims

    In addition to civil lawsuits, victims of sexual assault or abuse may have a claim under federal law if the perpetrator was a teacher, coach, or employee of a public school. Specifically, 42 U.S.C. Section 1983 (the Civil Rights Act) or 20 U.S.C. Section 1681 – Title IX (sexual discrimination or harassment) may come into play if the school’s policies or procedures played a direct role in allowing the assault to occur and the school acted with deliberate indifference to the perpetrator’s actions. However, ordinary negligence is typically not usually sufficient to support a civil rights.  However, if a school district has been alerted to a problem with a teacher or student and has failed to take reasonable steps, a Title IX case may be successful.

    For victims of sexual assault and other violent acts, the road to physical, emotional, and financial healing can be long and stressful. If a third party such as an employer could have helped prevent the act, pursuing a civil suit against them may help the victim secure an adequate recovery and potentially prevent similar incidents in the future.  Civil cases are one of the few ways that survivors of sexual abuse and assault can take control back of their lives.  The criminal justice systems treats them as witnesses, but a civil case puts them in the driver’s seat.

    At Leighton Panoff Law, we are experts in the field of sexual assault litigation against third parties. As President of the National Crime Victim Bar Association and author of the leading textbook in the field, Attorney John Leighton has been representing sexual assault survivors for over 35 years and has the expertise needed to navigate the complexities of these sensitive cases. We have represented many survivors of sexual assault and abuse, both children and adults.  Our team is sensitive to the issues that face our clients after suffering such abuse.  Our goal is to empower survivors and help them take control back over their lives. Please call us today at 888.988.1774 to speak with our team.

    Can employers be held legally responsible if their employee commits sexual assault?

    Yes, in certain situations, employers can be held liable if an employee commits sexual assault. While the criminal act is the responsibility of the perpetrator, a civil lawsuit may be possible if the employer’s negligence played a role. This can include failure to conduct adequate background checks or ignoring prior complaints of inappropriate behavior. These types of civil suits can help victims recover damages for physical injuries, emotional trauma, and other losses.

    What is negligent supervision in the context of sexual assault by an employee?

    Negligent supervision occurs when an employer fails to properly oversee their employees, especially in situations where there may have been warning signs or prior inappropriate conduct. In sexual assault cases, if the employer knew or should have known about risks associated with the employee and failed to act, they could be held liable. Victims must show the employer had a duty to protect them, breached that duty, and that the breach caused the harm suffered.

    How does negligent hiring lead to employer liability in sexual assault cases?

    Negligent hiring arises when an employer fails to properly vet a potential employee. For instance, if a business hires someone without conducting an adequate background check and that employee later commits sexual assault, the employer could be held liable. This claim requires proving that the employer breached a duty to ensure a safe environment and that the breach contributed to the victim’s injuries.

    Does the legal doctrine of respondeat superior apply to sexual assault cases?

    Generally, respondeat superior does not apply to sexual assault cases because it only covers actions within the course and scope of employment. Since sexual assault is an intentional act outside normal job duties, victims typically need to rely on alternative theories like negligent hiring or supervision to establish employer liability.

    Can public schools be held liable under Title IX for employee sexual assault?

    Yes, under 20 U.S.C. Section 1681 – Title IX, public schools may be held liable for sexual discrimination or harassment if they acted with deliberate indifference. This applies if the school knew about a problem involving a teacher, coach, or student and failed to take reasonable steps. Ordinary negligence is not enough, but inaction in the face of known risks may lead to a successful Title IX claim.

    What is Section 1983 and how does it relate to sexual assault cases in schools?

    Section 1983, part of the Civil Rights Act, allows victims to sue public institutions if a constitutional right was violated. If a teacher or school employee commits sexual assault and the institution’s policies or failures contributed, a Section 1983 claim may be viable. However, victims must prove more than negligence—they must show deliberate indifference to known risks of abuse.

    What damages can be recovered in a civil sexual assault lawsuit against an employer?

    In a civil lawsuit, victims may recover damages for physical injuries, emotional trauma, medical expenses, therapy costs, lost wages, and other harms. Holding an employer accountable through a civil suit may not only compensate the victim but also prompt the institution to implement better safeguards to prevent future incidents.

    Why is pursuing a civil lawsuit after sexual assault important for survivors?

    Pursuing a civil lawsuit can be a powerful way for survivors to reclaim control over their lives. Unlike the criminal justice system, which treats victims as witnesses, civil litigation puts them in the driver’s seat. These lawsuits allow survivors to seek justice, obtain compensation, and potentially prevent future acts of abuse by exposing systemic failures.

    What are the legal requirements for proving employer liability in negligent supervision or hiring?

    Victims must show that the employer had a duty to provide a safe environment, breached that duty, and that the breach directly caused their damages. This includes demonstrating the employer knew or should have known about risks posed by the employee. Evidence such as prior complaints, inadequate background checks, or failures in monitoring are critical to these claims.

    How can Leighton Panoff Law help victims of sexual assault hold third parties accountable?

    At Leighton Panoff Law, we specialize in sexual assault litigation against third parties like employers and institutions. With over 35 years of experience, including leadership in the National Crime Victim Bar Association, our team understands the sensitive nature of these cases. We empower survivors, helping them take control back through the civil justice system. Contact us today to see how we can support your path to recovery.

    Article by:

    John Leighton

    A nationally-recognized trial lawyer who handles catastrophic injury and death cases. He manages Leighton Law, P.A. trial lawyers, with offices in Miami and Orlando, Florida. He is President of The National Crime Victim Bar Association, author of the 2-volume textbook,Litigating Premises Security Cases, and past Chairman of the Association of Trial Lawyers of America’s Motor Vehicle, Highway & Premises Liability Section. Having won some of the largest verdicts in Florida history, Mr. Leighton is listed inThe Best Lawyers in America (14 years), “Top Lawyers” in the South Florida Legal Guide (15 years), Top 100 Florida SuperLawyer™ and Florida SuperLawyers (14 years), “Orlando Legal Elite” by Orlando Style magazine, and FloridaTrend magazine “Florida Legal Elite

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