Clergy Abuse
The New York State Legislature recently began considering a law that would temporarily lift the statute of limitations - which currently stands at 5 years after a victim's 18th birthday - for filing civil lawsuits alleging the sexual abuse of children. There is a substantial chance that this law - called the Child Victims Act - will be enacted.
If the statute of limitations is lifted, adult victims will be able to hold many of the individuals and institutions involved in incidents accountable. We are actively investigating potential lawsuits on behalf of many victims who are now adults.
Under the proposed Child Victims Act, people claiming they were sexually abused as children would be given a one-year exemption from the statute of limitations. Regardless of how long ago the alleged abuse occurred, they could file suit in civil court. At the year’s end, time limits on such claims would be restored, but with a wider window: Instead of a five-year period after turning 18, victims would have 10 years to file claims.
This is why it is important you choose a lawyer located in New York to handle your New York Case.
Zeccola and Selinger represents children and adults in claims arising from various types of sexual abuse, including priest sex abuse.
Our lawyers in New York, recognize the sensitive nature of sex abuse litigation and possess the requisite skills to handle even the most complex cases.
In some cases, an adult will bring a claim relating to abuse that occurred years earlier when he or she was a child.
In other cases, a parent will bring a claim on behalf of a child.
Litigation may include lawsuits against
- Schools
- Religious Organizations
- Psychiatrists and Therapists
- Residential Care Facilities for the Disabled
Claims Against Institutions
In many sex abuse cases, institutions where sex abuse occurred may be partially liable for the abuse. Claims can be made against institutions for the following reasons:
Negligent Hiring
This occurs when the institution hires an individual that it knew, or should have known, was unfit for the job. For example, a school may be partially liable for abuse if it fails to conduct a background check and hires a convicted pedophile to work with children. Similarly, a church could be partially liable for priest sex abuse if it hired a priest who previously molested a child at another institution.
Negligent Supervision
This occurs when an organization fails to properly supervise employees who are left alone with children. In some cases, pedophiles will attempt to position themselves in situations where they will be alone with vulnerable children. This raises red flags that a responsible institution should recognize. The failure to properly supervise employees may give rise to a claim for negligent supervision.
Negligent Security
An institution may be liable for sexual abuse if it failed to properly secure and monitor its premises, thereby permitting sexual abuse to occur on the property.
Vicarious Liability
An employer may be held liable for the intentional actions of an employee if the employee is acting in the course and scope of his or her employment. Although employees are never authorized to molest victims, in some circumstances they engage in the activity to serve the employer. This conduct may be viewed as both activity within and outside of the scope of employment and create vicarious liability for the employer. For example, a hospital is potentially vicariously liable for the conduct of a nurse who sexually abuses a child while providing treatment.
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