Coverage and Liability Issues in Sexual Misconduct Claims

FLORIDAStatute of LimitationsFlorida has a four-year limitations period for personal injury actions.Fla. Stat. Ann. §95.11(3).An action founded on alleged abuse may be commenced at any timewithin seven years after the age of majority, or within four years afterthe injured person leaves the dependency of the abuser, or withinfour years from the time of discovery by the injured party of boththe injury and the causal relationship between the injury and theabuse, whichever occurs later. Fla. Stat. Ann. §95.11(7). Neither theextended limitations period nor the continuing tort doctrine appliedto claimant’s claims against her father alleging sexual abuse over26 years because she knew that she had been the victim of abuseand that she suffered injury. Tobin v. Damian, 772 So.2d 13 (Fla.App. 4th Dist. 2000). In a case alleging negligent hiring and retentionagainst the church and bishop based on allegations of sexual abuseof a minor by a priest, the court held the four-year statute applied,not the extended statute which applies only to intentional torts basedon abuse. Doe v. Dorsey, 683 So.2d 614 (Fla. App. 5th Dist. 1996),abrogated on other grounds, Malicki v. Doe, 814 So.2d 347 (Fla.2002).Reporting LawsOtherFla. Stat. Ann. §39.201 et. seq.Pastor’s sexual assault of victim was outside the scope of hisemployment with the church and thus the church was not vicariouslyliable for the acts. Elders v. United Methodist Church, 793 So. 2d1038 (Fla. App. 3d Dist. 2001); Iglesia Cristiana La Casa Del Senor,Inc. v. L.M., 783 So.2d 353 (Fla. App. 3d Dist. 2001).The First Amendment does not bar claims against church, diocese andbishop alleging breach of fiduciary duty, negligent hiring, supervisionand retention based on pastor’s relationship with parishioner); Doe v.Evans, 814 So. 2d 370 (Fla. 2002), See also Malicki v. Doe, 814 So. 2d347 (Fla. 2002); Elders v. United Methodist Church, 793 So. 2d 1038,(Fla. App. 3d Dist., 2001).– 15 –