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April 8th, 2013

Can a group home in Pennsylvania be liable for sex abuse of a resident?

A: Under Pennsylvania state and federal law, a group home or facility can be held liable when a resident is subjected to sex abuse. The key is proving some act of negligence on the part of the facility’s employees which directly or indirectly led to the abuse. However, the standard for liability which applies to the case will differ depending on whether the facility is owned and operated by a government or private entity.

For government actors, liability will usually be based upon violation of the resident’s civil rights. Accordingly, the government may be held liable for creating a danger or otherwise increasing the risk. In a sex abuse case, the government entity can be held liable only if the employees created a situation which allowed the abuse to occur or took active steps to increase the risk of the abuse.

In the case of a privately owned home, liability is based on negligence in failing to prevent or otherwise investigate or report the sex abuse. Common claims include failure to adopt or enforce a sex abuse reporting policy and failure to investigate a reasonably suspected case of sex abuse. Read more about sex abuse in institutions such as hospitals, homes, and day care centers.

Sex abuse cases should be reviewed by a sex abuse civil lawyer. The factual and legal issues of each case vary, and there are many other issues which will determine whether a group home can be held liable in a sex abuse case.

Related articles:

 Sex Abuse Lawyers Specializing in Home/Day Care Abuse

Firm founder, Guy D’Andrea, is a former sex crimes unit prosecutor with care and compassion for victims of sex abuse. He represents victims of sex abuse against those responsible for the abuse, including the abuser as well as the institution which allowed the abuse to continue or failed to stop the abuse.

To submit your case for review by our Pennsylvania and New Jersey sex abuse lawyers, call Click To Call. Our lawyers are available for a free, no obligation legal consultation, and can obtain special admission in other states, such as New York or Delaware, on a case by case basis.

**This website does not provide legal advice. Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case. See the full disclaimer at the bottom of this page.