Justin B. Shapiro, partner with Leesfield Scolaro. Courtesy photo.

Miami Leesfield Scolaro attorney Justin Shapiro's latest case over a sexual assault committed by a nightclub bouncer might seem like a straightforward lawsuit. But the attorney saw a chance to go further.

"A lot of lawyers would look at this case and think it's a negligent-hiring case, and they would stop there," Shapiro said. "But in a situation like this, where you have this kind of crime, there needs to be opportunity for the criminal to act in the way that they do. It's not just about the criminal, it's also about the opportunity."

Shapiro's client, referred to only as A.H. in the complaint, was leaving the Rain Nightclub in Gainesville after a night out with friends June 23, 2017, when bouncer Shawn Hayward grabbed her wrist and dragged her into an empty part of the building, according to court documents.

Rain shares its space with another nightclub called Gold Room, which is partitioned, but has the same owner. That night Gold Room was closed, according to the lawsuit, which claims Hayward therefore should not have had access.

Hayward was sentenced to three years in prison for sexual battery, according to the suit, which said he'd been arrested for battery before that incident, and also had had a restraining order against him over domestic violence issues.

'Look at everything'

Shapiro argues the nightclub is liable for more than just hiring the wrong guy.

Though A.H.'s lawsuit also blames Hayward for assault and battery, Shapiro argues the bouncer felt comfortable enough to attack a woman while at work. This indicates a "complete breakdown" in the club's security, supervision and accountability from the top down, according to plaintiff counsel.

"You can't look at one or two failures on the part of the business," Shapiro said. "You have to look at everything. You have to look at every policy, procedure, every job description of every employee, so you have a full picture as to why the business establishment created optimal conditions for a crime and created what a criminal would see as opportunity to commit the crime."

The defendants have not yet retained counsel, according to online case files. And Rain Nightclub did not immediately respond to inquiries or a Facebook message about the lawsuit.

Gainesville attorney Linda Haddad represented Hayward in his criminal case. She did not immediately respond to a request for comment.

Shapiro's main obstacle is that under Florida law, businesses are not liable for the crimes of employees, unless they're acting within the scope of their employment.

"The way you handle that defense is you find the direct negligence of the establishment: what they did wrong—not necessarily what the assailant did wrong, but what they did wrong—by not having the right policies, procedures and deterrents in place to ensure that their guests are safe," Shapiro said.

Alachua Circuit Judge Monica Brasington will preside over the lawsuit.

Read the complaint:

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