Can Institutions Be Sued for Failing to Prevent Sexual Abuse?

In the effort to hold an institution liable for sexual abuse, you and your attorney need to establish negligence. There are several legal avenues to pursue your civil complaint, including the following.

Failure to Protect

Every institution has a legal obligation to provide a safe environment. This is referred to in the law as the duty of care. If it can be established that an institution’s management ignored warning signs, such as worker complaints, they may be found liable. They can also be held accountable if they failed to train staff or did not enforce their own safety policies.

Negligent Hiring and Supervision

Every business has unique hiring practices. They should be proactive about performing background checks on their employees, especially if those employees will be interacting with minors. If they fail to perform adequate background checks, they could be found liable.

That’s especially true if they keep an employee who has red flags in their background, such as serious prior complaints.

Vicarious Liability

There is a concept known as vicarious liability that holds an employer legally responsible for the actions of its employees or representatives. You often see this in truck accidents, where a trucking company is held accountable for its driver’s actions. In the cases of sexual abuse, vicarious liability can be applied if the abuse occurred within the scope of the abuser’s employment or duties.

Title IX

If sexual abuse occurs at a federally funded school or government-run institution, the survivors can invoke Title IX in their pursuit of a remedy. This law specifically addresses the protection of students from harassment and abuse.

How Institutional Cover-ups Impact Your Legal Rights

Because an institution will do everything it can to protect its reputation, it might decide it is better to “sweep the matter under the rug.” They could handle the matter internally or offer a quick settlement to the victim, provided the victim signs a non-disclosure agreement (NDA). Unfortunately, that doesn’t always protect future victims, or it might not address past incidents.

If it is discovered that an institution is actively engaged in a cover-up, it can demonstrate negligence on its part. It can also remove legal shields such as statutory damage caps. In other words, you can pursue punitive damages intended to financially punish the institution for its reckless actions.

The Next Steps for a Sexual Abuse Survivor

If you or someone in your family is a survivor of sexual abuse, it is vital to seek out counseling to help you process all that has gone on. Moving on from the trauma can be a slow process, but with the right support, there can be a light at the end of a dark tunnel.

Part of that healing process can also involve holding the institution where the incident took place accountable. That is when you need to speak with the team at Laffey Bucci D’Andrea Reich & Ryan.

These are the claims we wish didn’t exist. However, if we decide to support a survivor, it is because we’re confident in their story. No institution, regardless of its mission, should foster an unsafe environment that puts people in harm.

If you’re dealing with this serious matter, we want to hear what happened. We offer a free consultation to discuss the incident and your options. We pride ourselves on being upfront with our clients and informing them of any potential obstacles that need to be overcome in the pursuit of justice.

You’ll feel better when you understand your options and have your questions answered. Reach out to our offices to set up your talk today.