If abuse occurs at a school, hospital, church, or other institution, victims may sue the abuser. Whether they can also hold the institution responsible is governed by requirements of specific legal theories.
An experienced attorney can evaluate your evidence and discuss options. Such liability cases are brought in civil court, where penalties are financial rather than criminal.
Establishing Legal Standards for Liability
Cases involving institutional responsibility are built by the plaintiff’s attorney one step at a time. The following standards for responsibility and care for people within the purview of the organization are pieces of the case established by the plaintiff’s attorney:
Respondeat Superior is the foundation of employer liability, is a fundamental legal doctrine that links an institution to an employee’s behavior and actions. It holds an employer responsible for the actions of an employee or agent if the harmful acts occur within the scope of the person’s employment.
Vicarious liability is a related doctrine that links those who benefit from another’s work to responsibility for the harms that may occur within the scope of work. Within the employer-employee relationship there is an obligation for the institution to supervise, train, and prevent foreseeable harms.
Vicarious liability has limits: it can only be found if the abuser was acting within the scope of their employment at the time of the abuse. It can eliminate institutional responsibility for things like sexual abuse because intentional misconduct is not part of a job.
Negligent Hiring, Supervision, and Retention is another legal theory that may prove an institution is liable even when an employee’s harmful conduct is outside the scope of their employment. Here, the liability must be proven through negligence in the employee’s supervision or training. If the employee was retained despite being dangerous, incompetent, or likely to harm another person, the institution can be held liable.
Four elements must be present to successfully establish negligence by the employer:
- Duty of care: a responsibility to protect others from harm.
- Breach of duty: failure to meet the responsibility of protecting others.
- Causation: the breach directly caused the harm.
- Damages: the victim suffered measurable harm, such as physical injuries.
Failure to act on complaints about the employee, hiring the abuser without doing a background check, or failing to put in place or enforce policies and procedures that would have prevented the abuse are all opportunities for the plaintiff’s attorney to prove institutional liability.
Most Schools are Responsible to Federal Law
Federal law offers a powerful opportunity to hold schools accountable for harassment and abuse. Title IX prohibits sex discrimination in federally funded schools and colleges and provides a private right of action for victims. These federally funded institutions can be held liable when the response to misconduct amounts to “deliberate indifference” to the abuse. Under this law any report of sexual harassment or similar misconduct received by a school must receive a prompt response.
Medical Facilities: Institutional vs. Individual Liability
In healthcare, liability can hinge on whether the abuser was a direct employee of the institution or an independent contractor. “Apparent agency” applies when a patient who suffers abuse reasonably believes a doctor was acting under the hospital’s authority. This opens the institution to partial liability.
Washington D.C. law specifically says that any licensed medical practitioner, including doctors, nurses, therapists, and hospitals, can be sued and held liable for medical malpractice. In D.C., damages for medical malpractice are not subject to caps, so there’s no limit on the damages a victim may recover.
Foreseeability is a Requirement
If complaints were received, indications of misconduct noticed but ignored, or safety protocols failed, institutional liability is easier to establish. Institutions must act responsibly.
Abuse Survivors: Protect Your Rights
Anyone who believes they have suffered abuse or harm at or by an institution should document and save any evidence, then consult an attorney. There are statutes of limitations and requirements for notice that must be met. The Samuel Martin Law Firm can review the evidence and determine if it falls within the scope of legal liability for institutions. Call for a consultation today.