Gyms and fitness centers are meant for recreation and are supposed to create a safe and welcoming environment for patrons. Unfortunately, lax security and management failures can put gymgoers at risk of injuries and violations, including sexual assault.
If you believe you have been a victim of sexual assault or harassment at a fitness center and believe management failed to adequately protect you, contact the attorneys at Lehrman Law. Fitness centers, spas, clubs, and sports gyms all have a duty to ensure the safety of patrons on their premises. If the fitness center failed to provide security or address known concerns, you could be entitled to financial compensation for your financial losses and emotional trauma.
Contact our offices today to speak to a sexual assault injury attorney in Florida.
Examples of Sexual Abuse at Fitness Centers
Below are examples of situations where sexual assault and harassment can occur at fitness centers, gyms, and spas:
During Training Sessions
Many gyms offer personal one-on-one training sessions between staff and members. Training sessions usually involve physical contact between the trainer and the member, but contact can exceed reasonable boundaries. Behaviors that may count as sexual harassment or assault may include:
- Touching too long or in inappropriate places
- Unwanted advances or sexual comments
- Exposing oneself to members
- Physical assault and violence
In Locker Rooms/Showers
Assault may also happen in showers and locker rooms, where patrons might be vulnerable. Perpetrators can assault gym patrons or spy on them while they’re bathing. Sexual harassment can also include offenders going through members’ personal items, like underwear and clothing.
After Hours Assault
Although many fitness centers and gyms are open 24/7, patrons might face greater risks at night. Assaults and attacks can happen in parking lots outside of all-day fitness centers. Attacks may happen when members are leaving or entering the fitness center.
Who Is Liable for Sexual Assault in Fitness Centers?
A central question in fitness center sexual assault cases is: Who is liable?
The primary liable party is the one who committed the assault. This could include staff members or gym patrons. In addition to any civil claim for damages you bring, the individual offender may be subject to criminal prosecution under Florida’s sex crime laws.
However, you may also be able to hold the facility responsible for your injuries. Fitness centers have a duty to maintain safe premises for patrons and guests. If they don’t implement proper safety measures, they could be liable due to negligence. Negligent practices could include:
- Inadequate security. Security issues like poorly lit areas, a lack of security cameras, or insufficient security staff can put gym patrons at greater risk of assault.
- Unsafe access control. Gym facilities can be liable if they don’t properly limit access to gym facilities, such as showers and locker/changing rooms.
- Hiring negligence. If a gym hires a trainer or employee with a prior history of sexual misconduct, the facility can be liable if they assault a member.
- Not addressing complaints. Fitness centers can be liable if they know about complaints of misconduct and fail to take appropriate action.
When facilities fail in their duty to protect their guests, they can be exposed to legal liability in the form of lawsuits. An attorney from Lehrman Law can conduct a thorough investigation and gather evidence of facility negligence or wrongdoing.
Statute of Limitations for Sexual Assault Civil Claims in Florida
Cases involving sexual assault at fitness centers typically generate two civil lawsuits: one against the individual who committed the offense and one against the negligent facility. There are different time limits for two types of lawsuits. In the case of a lawsuit against the individual perpetrator, the time limit is four years from the date the assault occurred (Fla. Stat. 95.11(3)(n)).
In the case of a negligence lawsuit against the fitness center, the time limit is instead two years from the date of the assault (Fla. Stat. 95.11(5)(a)). In both cases, your right to sue for financial compensation will expire once the statutory time period runs out. These deadlines are extremely strict and have few exceptions, so you should secure an attorney to start your claim as soon as possible.
Why Choose Lehrman Law for Legal Representation?
Sexual assault can leave lasting physical and emotional scars. Survivors might feel shame and might face scrutiny and ostracization for speaking out. Many of those who experience sexual violence belong to marginalized groups, and the justice system might dismiss their voices. Lehrman Law can serve as an advocate for the voiceless and work to secure restitution for those harmed by others’ negligence and wrongdoing.
We are experienced trial attorneys with an established track record of successful civil settlements and verdicts. As fierce consumer advocates, we take it seriously when businesses fail to ensure the safety of their customers and patrons. We can investigate for any evidence of wrongdoing and hold gyms and fitness centers accountable for their failures and omissions. You can rely on us to provide the compassionate and effective legal counsel you need to navigate your difficult circumstances.
Contact Our Offices Today
Lehrman Law has decades of experience representing survivors of sexual violence and will fiercely fight for your rights and wellbeing in court. Survivors may have a long road of healing ahead, but we can help them find the compensation they need to move forward. We can hold negligent fitness centers responsible and pursue justice and closure on your behalf. Let us help you take back control of your life.
Contact our offices online or call today to schedule a free case consultation with a sexual assault attorney. We don’t charge any attorney fees unless we obtain compensation for you, so there is no risk to get in touch.