Parties that can be held liable in school sexual abuse cases include not only the perpetrator but also other individuals or entities who could have played a role in preventing or reporting the abuse. This may include employees of the school, the school itself, coaches, chaperones, and those associated with the abuse in a third-party capacity.
We trust schools to care for our children. Unfortunately, that trust is sometimes violated. Worse, instead of making things right, schools and other institutions may try to cover up their deeds.
That’s why it is important to seek advice from an experienced attorney who knows the law. If you or your child were a victim of school sexual abuse in Georgia, an Atlanta sexual assault lawyer can help.
School Sexual Abuse Settings
While abuse that occurs in the school itself is easy to categorize, some other locations and events that might be tied to school sexual abuse are less obvious. These can include:
Sports Teams
Youth sports teams often involve connections to the school. Coaches, groundskeepers, and other personnel may be school employees. Playing fields may be located on school grounds, or the school may sponsor the team financially.
After School Programs
After-school programs and clubs may tie back to the school, whether they are held on school premises or not. This greatly expands the number of parties that can be held liable in a sexual abuse case. An experienced attorney will know which individuals are accountable.
Scouting
Unfortunately, scouting has seen its share of sexual abuse scandals in recent years. In cases where the scouting organization holds an association with a school, the school may share liability.
A 2021 lawsuit filed against Boy Scouts of America also named local schools as parties that can be held liable in the sexual abuse case.
Summer Camps
When sexual abuse occurs at summer camp, it might seem like the farthest possible setting from a school. However, that may not be the case if the camp shares an association with the school or is staffed by school employees.
Religious Events
Schools with a religious association clearly have a responsibility to ensure the safety of their students, but what about schools that bring in third-party religious figures for clubs or special spiritual events?
In each of the above situations, deciphering who bears responsibility and should be held liable in a school sexual abuse case can get complicated. This is why it is so important to seek help. Reach out to our lawyers to find out how to move forward with your sexual abuse civil case.
Get the strong arm
Examples of Liability in School Sexual Abuse Cases
The party most obviously at fault in a school sexual abuse case is the perpetrator. In your situation, hopefully, they are already on their way to getting what they deserve. However, even though they may face criminal charges, you may bring a civil case against them as well.
Sometimes, these predators acted alone, with no one but themselves and their victims aware of what was really going on. All too often, there are others involved who could have made a difference if they had done their jobs as custodians of our children.
How will your attorney whittle through the various parties and decide who should have played a role in stopping the abuse? You can help by giving them a complete and thorough accounting of the who, what, when, and where of the abuse.
Employees
Who were the school employees responsible for students when the abuse occurred? Even if the perpetrator is that employee, there may have been others who could have or should have been paying attention.
Employers
The school itself may be the only employer liable, but there could be others. For example, if the abuse occurs on a field trip, several employers may bear responsibility.
Third-Party Contractors or Vendors
Schools typically have relationships with several third-party contractors who enter the premises or have close contact with students. These can range from the bus drivers to the person who stocks the vending machines to the service people who work on the heating and cooling system.
Property Owners and Managers
When other facilities invite students to their premises, they bear a certain level of responsibility for the safety of those students. Depending on the situation and circumstance, they may be among the parties that can be held liable in a school sexual abuse case.
What Kinds of Damages Are Awarded in a School Sexual Abuse Case?
You will need to speak to an attorney to get a clear idea of what damages you can expect. We are more than happy to discuss your case.
Some of the most common awards for school sexual abuse case victims are:
- Compensatory Damages: These pay for medical expenses for physical injuries, emotional distress, pain and suffering, loss of enjoyment of life, and lost earnings.
- Punitive Damages: These are awarded to punish the defendant for egregious behavior, such as when the school failed to act despite knowing about the abuse.
- Rehabilitation Costs: Meant to cover long-term therapy and mental health care resulting from the abuse, rehabilitation costs are an important part of any compensation.
- Attorney’s Fees: Victims may have their legal costs covered if they win the case; However, many attorneys take abuse cases on contingency.
The amount of your awards will depend on a range of factors, including state laws.
Get Help Fighting Your School Sexual Abuse Case
Determining which parties are liable in a school sexual abuse case is a complicated process. It is made worse when the schools and other entities we should be able to trust try to hide the truth and prevent victims from getting the justice they deserve.
If you have suffered school sexual abuse, no amount of money will ever take that away. However, you can make a difference by fighting for your rights and shining a spotlight on those who failed to protect you.
Contact our firm at John Foy & Associates and find out how we can help in that fight.
404-400-4000 or complete a Free Case Evaluation form