Victims of sexual abuse often endure more than just criminal harm—they may suffer severe psychological, physical, and emotional injuries. In many cases, the abuser is not the only party responsible. Under Florida law, property owners, schools, churches, daycare centers, healthcare providers, hotels, apartment complexes, and other entities may also be held liable when they fail to take reasonable steps to prevent foreseeable acts of sexual abuse by third parties.
This article explores how Florida law imposes a legal duty to protect individuals from third-party criminal conduct, including sexual abuse, and how this duty applies in civil personal injury cases.
Florida’s General Rule: No Duty to Prevent Third-Party Crimes—Unless…
Under general negligence principles, one typically does not owe a duty to control the conduct of a third person to prevent them from causing harm. However, Florida recognizes several exceptions, especially when a special relationship exists or when the harm was foreseeable and preventable.
The Florida Supreme Court has established that businesses, landlords, schools, and other entities may have a duty to protect patrons, students, or residents from foreseeable criminal acts, including sexual abuse, if:
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A special relationship exists (e.g., landlord-tenant, employer-employee, school-student, business-invitee);
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The entity knew or should have known of the risk;
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The crime was foreseeable based on prior incidents or the circumstances.
Common Settings Where Third-Party Sexual Abuse Liability May Arise
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Schools and Daycares – Educational institutions have a duty to supervise staff, screen for past misconduct, and protect students from abuse by employees or other students.
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Churches and Religious Organizations – These institutions may be liable for failing to prevent clergy abuse or not acting on credible warnings.
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Healthcare Facilities – Hospitals, nursing homes, and psychiatric institutions must protect patients from staff or other patients with known histories of abuse.
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Hotels and Motels – Establishments may be liable for inadequate security or failing to protect guests from known criminal activity on the premises.
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Apartment Complexes – Landlords may be responsible for failing to take reasonable security measures if assaults have occurred in or around the property.
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Youth Sports and Camps – Organizations overseeing children must implement screening, supervision, and abuse prevention policies.
Foreseeability: The Key Element in Duty to Protect Cases
In Florida, whether a property owner or institution had a duty to protect from third-party harm typically turns on foreseeability. Courts consider whether:
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Similar crimes had previously occurred on or near the premises;
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There were warnings, complaints, or red flags;
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The criminal conduct was reasonably predictable under the circumstances.
For instance, if a school had prior reports of inappropriate conduct by a teacher and failed to investigate or act, a jury may find that abuse by that teacher was foreseeable and that the school breached its duty.
Negligent Hiring, Retention, and Supervision
Another path to liability is through negligent hiring, retention, or supervision. Employers and institutions can be held accountable if they:
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Failed to properly screen a candidate with a known history of abuse;
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Ignored signs of misconduct;
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Retained an employee after credible complaints;
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Failed to monitor interactions between staff and vulnerable individuals.
Seeking Justice Through a Civil Lawsuit
Survivors of sexual abuse may pursue a civil personal injury lawsuit against institutions or property owners whose negligence allowed the abuse to occur. Potential damages include:
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Medical and psychological treatment costs;
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Pain and suffering;
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Emotional distress;
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Loss of enjoyment of life;
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Punitive damages (in cases of gross negligence or intentional misconduct).
Importantly, Florida law may extend or eliminate the statute of limitations in sexual abuse cases involving minors, recognizing the trauma that often delays disclosure.
Final Thoughts
Florida law imposes a duty on certain parties to take reasonable steps to prevent foreseeable sexual abuse by third parties. When institutions, employers, or property owners ignore risks or fail to act on warning signs, they may be held legally accountable for the harm that results.
Survivors of sexual abuse have the right to seek justice, not just from the perpetrator, but from those who allowed the abuse to happen through negligence or indifference.
If you or a loved one has been the victim of sexual abuse and believe a business, school, or institution failed in its duty to protect, contact an experienced Florida personal injury attorney. Justice and accountability start with knowing your legal rights.
Contact Florida Personal Injury Lawyer J.P. Gonzalez-Sirgo by dialing his direct number at (786) 272-5841, calling the main office at (305) 461-1095, or Toll Free at 1 (866) 71-CLAIM or email Miami Attorney Gonzalez-Sirgo directly at [email protected] or by text at (305) 929-8935.
