
When a child is left in the care of another person, whether that is a teacher, a coach, a daycare provider, or even someone you have known for years, there is an expectation that your child will be safe. Nobody anticipates that placing that kind of trust in someone could result in something as serious and life-altering as sexual abuse. Unfortunately, this is a reality that many families throughout New Jersey are forced to confront, often without warning, and often at the hands of individuals they never suspected. If your child has been sexually abused while under someone else’s care, it is important to understand that New Jersey law specifically allows families to take legal action in these situations. Under N.J. Stat. Ann. § 2A:61B-1, victims of child sexual abuse and their families may pursue civil claims against not only the individual responsible, but also the institutions or organizations that failed to protect them. Contact our child sexual abuse lawyers today so we can help you fight for the justice you deserve.
In many cases, the person responsible is not a stranger. Rather, it is someone who was trusted, or someone who had regular access to your child through a structured environment. Some of the most important things to understand include:
One of the most difficult aspects of these cases is coming to terms with the fact that the abuse may have been preventable. In many situations, there were warning signs, prior complaints, or lapses in basic safety procedures that were either ignored or never addressed in the first place.
This is where institutional liability becomes a critical part of a civil claim.
Organizations that work with or around children have a responsibility to take reasonable steps to ensure those children are safe. This responsibility is not optional, and it is not something that can be overlooked without consequence. When an organization fails to meet that responsibility, and a child is harmed as a result, that organization may be held legally accountable.
Some of the more common failures that can give rise to liability include:
Additionally, in situations where abuse occurs in a public or semi-public setting, such as a business, recreational facility, or event space, property owners may also have a duty to provide reasonable security. This means taking steps to address known risks, whether that involves proper lighting, adequate staffing, or other safety measures.
If a property owner or organization knew, or should have known, that there was a risk of harm and failed to act, they may be held liable for negligence.
You may also be asking what a civil case can actually do for your family.
While no legal action can undo what has happened, a civil claim can serve several important purposes:
These cases often involve long-term emotional and psychological effects, and New Jersey law recognizes that reality. That is one of the reasons the statute of limitations for child sexual abuse claims has been expanded, giving survivors more time to come forward and pursue justice when they are ready.
At the end of the day, these cases are not only about what happened, but also about what should have been done to prevent it. If you are in this position, asking questions, trying to understand your options, and looking for a way forward, you are not alone. The Mark Law Firm represents families throughout Union County in these matters and is prepared to help you pursue accountability on behalf of your child. Contact our child sexual abuse lawyers today.
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