I couldn't be happier with the legal representation and work Sean gave to the organization I represent. He was a thoughtful, professional partner in an extremely difficult situation that at times seemed hopeless but reached a successful end with all parties agreeable with the outcome. A very difficult navigation that Sean was able to help lead us through. We are thankful for his help, and I highly recommend Sean when looking for legal services.
If you have a problem or have been wronged, Sean Cleary is the man to talk to. Had a fantastic experience with Sean and all of the friendly, helpful and professional staff of the firm. If Sean accepts you as a client and agrees to represent you, you'll be in the best of hands.
My wife and I were referred to Sean Cleary by another Attorney. He was very highly recommended and, I must say, very deservedly so. Sean is very diligent in his work; his preparation is phenomenal and his presentations are something to behold. He is very accessible if you have any questions. He always takes the time to fully explain in language you can understand. We highly recommend anyone needing help...talk to Sean Cleary.
Sean is an outstanding professional, transparent and very diligent; he personally dedicated time and attention to my case; he always responded my calls promptly, keeping me informed all the time.
His knowledge and advises are very accurate and valuable. Definitely, great lawyer.
I would highly recommend Sean Cleary. Not only is he a very knowledgeable attorney he takes the time to explain the law to ensure you understand every aspect of your case. He is also very sensitive to the needs of you and or your family during very trying times.
From day one, Mr. Cleary had faith in my case. He paid attention to every detail with great professionalism. He did not shy away from any challenges and went the extra mile to provide what he promised.
The National Intimate Partner and Sexual Violence Survey revealed for 2010 the following statistics: 1 in 6 women in Florida has been raped at some point in their lives; more than 40% of women living have been a victim of sexual violence (other than rape); almost 80% of female victims who have been raped more than once experienced the first rape before the age of 25 while almost 42% were under the age of 18 at the time of the first rape; around 20% of men living in Florida have been victimized by sexual violence (other than rape); more than 25% of male victims who have been raped at least once, experienced the first rape at the age of 10.
Premises Liability in Sexual Assault Cases
When people stop at retail locations, schools, businesses, hotels, entertainment venues, and other public and residential places, they expect for these locations to be reasonably safe. If property owners or managers fail to provide reasonable security, they could be held liable for sexual assaults and physical attacks victims suffer while on their property.
In some of these situations, it can be proven that the owners and managers of the premises acted negligently by failing to provide a safe environment. For example, owners of a nightclub might have "cut corners" on security personnel, a grocery store might have been deficient in security cameras, or a hotel might have had defective door locks. Because many of these areas are open to the public, failure to provide adequate security may have created a dangerous environment ripe for foreseeable criminal activity.
How Can the Law Offices of Sean M. Cleary Help?
Victims who suffered a physical and sexual assault on someone else's property may be entitled to compensation. Damages may include medical expenses, lost wages and future income, compensation for physical and emotional suffering, and money damages for the reduction in lifestyle.
If you or your loved one has become a victim of criminal and sexual assault, please call Our Law Firm at (305) 416-9805 for a free case evaluation and determine the most appropriate premises liability legal action.
Our Legal Process in a Physical/Sexual Assault Case
The failure to deal with predictable security issues such as unsecured doors or insufficient lighting can lead to property owner's liability
Failure to install security cameras or to place security guards in garages or parking lots when the threat of crime is obvious may lead to the fact that owner of the property is held responsible for the injuries caused by these incidents
If an assault is committed by an employee who has access to potential victims during working hours, the company may be legally responsible for the harm caused to innocent victims in the following situations:
Negligent hiring claim: the employer fails to research the candidate's criminal history, hires that person who then assaults someone
Negligent retention claim: the employee's criminal past is discovered after he's been hired, but the employer keeps him/her, and an innocent victim ends up being attacked by the employee
Negligent supervision claim: the employer fails to supervise the dangerous employee whose access to victims is free.
Sean M. Cleary's Advice on Crucial Evidence
If you've suffered a physical/sexual assault, you need medical assistance immediately. Unfortunately, in the meantime, the owner of the property where the incident occurred has control over the scene and the pieces of evidence.
The crucial evidence you will need to prove your case could 'disappear.' Therefore, you have to act immediately.
In such cases, recordings on surveillance cameras are sometimes the key to solving your case. Considering that the surveillance footage can be routinely recorded over or erased in 30 days or less, you may lose relevant evidence (therefore the chance to receive compensation) just because you waited for too long. At this point, hiring a physical/sexual assault lawyer is the best thing to do. A personal injury lawyer will proceed with seeking and preserving evidence the moment you hire him. Another option would be to send a written notification to the owner or manager of the property where the assault happened, requesting the preservation of crucial evidence, such as video surveillance footage
The evidence should be gathered as soon as possible
Do not bathe, shower, use the restroom, comb hair, smoke, eat, drink, or change clothes after being sexually assaulted. This can destroy potential evidence that carries the offender's DNA
Don't move anything the defendant may have touched and don't clean up the crime scene
Victim's clothing is considered evidence. If you've changed clothes after a sexual assault, take them to the hospital.
Common Physical & Sexual Assault Questions
What Obligations Do Property Owners Have in Physical and Sexual Assault Cases? »
The obligations of property owners in physical and sexual assault cases consist of their legal duty to exercise reasonable care and to ensure persons are protected from the risk of harm while on the owners’ property. Failure to ensure certain standards of safety that lead to such an incident will trigger severe financial penalties for the property owners.