Miami-Dade Woman Alleges Sexual Assault by Appliance Deliveryman: Could the Employer Be Liable?

A disturbing case out of Miami-Dade County has raised questions about safety in home service deliveries and whether companies can be held responsible for the actions of their employees or contractors.

According to arrest records, Janier Flores-Borrego, 32, was taken into custody on Thursday and charged with attempted sexual battery and lewd and lascivious molestation of an elderly or disabled adult.

Court documents state that on Monday, Flores-Borrego arrived at a 65-year-old woman’s home to deliver appliances. While inside, he allegedly shut the laundry room door, exposed himself, and attempted to force the woman into a sexual act.

The victim told police he grabbed the back of her head and tried to push it toward him against her will. She was able to escape the room and later reported the incident. Flores-Borrego was arrested, denied the allegations, and was later released on $15,000 bond with house arrest and a nightly curfew.

Could the Company Be Held Liable?

While the criminal case focuses on Flores-Borrego’s alleged conduct, the victim may also have grounds for a civil lawsuit against the company that employed or contracted him to make the delivery.

In Florida, companies can be held liable for the wrongful acts of their employees under two main legal theories:

1. Negligent Hiring, Retention, or Supervision

If the company failed to perform adequate background checks, ignored red flags in the employee’s history, or retained him after learning of misconduct, they may be found negligent. Florida courts have consistently held that businesses owe a duty to hire and retain employees who are fit for their positions, especially when those positions involve entering customers’ homes.

2. Vicarious Liability

Under the legal doctrine of respondeat superior, an employer can sometimes be held responsible for wrongful acts committed by an employee in the course of their employment. While sexual assault is outside the scope of normal job duties, Florida law allows claims if the employee’s position gave them special access to the victim or created the opportunity for the assault.

Home Service Companies Have a Heightened Duty of Care

Companies that send workers into customers’ homes, such as appliance delivery services, repair technicians, and home health aides, have a heightened duty to ensure those workers are properly vetted and trained. This includes:

• Conducting criminal background checks and verifying prior employment.
• Providing training on professional conduct and appropriate interactions with clients.
• Maintaining policies for reporting and addressing misconduct.
• Responding promptly to complaints or warning signs of inappropriate behavior.

Failure to take these precautions can expose the company to significant liability if a customer is harmed.

This case underscores the importance of strict hiring practices, employee supervision, and customer safety protocols in industries that require in-home services. Companies that fail to take these responsibilities seriously not only put customers at risk but also expose themselves to significant legal and financial consequences.

At Flanagan & Bodenheimer Injury & Wrongful Death Law Firm, we represent victims of sexual assault in civil cases against both perpetrators and the companies that enabled their access. If you or someone you love has been harmed by a delivery driver, contractor, or service worker, you may have the right to hold both the individual and the company accountable.