QUESTION
Can you sue a group home if one of the residents sexually assaults a non-resident?
Asked on Jan 27th, 2013 on Personal Injury - New York
More details to this question:
A seven year old girl is playing with neighborhood kids. A 16 year old, mentally challenged, boy is locked out of the group home up the road and gets mixed in with the neighborhood kids at play. The older boy forces the seven year old girl away from the group of kids into the woods and procedes to take her far away and rapes her. The state only charged him with statutory rape but that is later dropped when the state fails to charge him as an adult. Can the parents of that child now sue the group home and hold them responsible?
11 ANSWERS
James Eugene Hasser
Absolutely, if you are within enough time to do so. Check with a lawyer familiar with injury law. Good luck.
Answered on Apr 15th, 2013 at 9:00 PM
Thomas Edward Gates
Yes, you can sue for negligence.
Answered on Apr 15th, 2013 at 8:30 PM
Criminal Law Attorney serving Sacramento, CA
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Alison Elle Aleman
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Based upon these circumstances, it seems that the group home was liable for negligent oversight of one of their charges, and I would attempt to sue them. You must find out who the insurer is, who the owner or overseer of the group home is, and find an attorney to bring a claim and then a lawsuit against them. It is easy to see what the damages are to your young daughter. The group home needs to be taught a lesson, that it has responsibility in managing the people it is paid to take care of, and prevent them from hurting others.
Answered on Apr 15th, 2013 at 8:30 PM
In general, an 'intentional tort', or violent act committed against somebody on purpose is only effective if you sue the person who actually did the violent act. Your case is unusual because the person who committed the attack was mentally challenged and supposed to be supervised. I think you should seek out an experienced attorney who specializes in cases like this and talk to them. They should be willing to hear your story for free. If they will not speak with you or do not take your case, you should try talking to at least two or three (some people talk to as many as 10) and see if you can find someone who will.
Answered on Apr 15th, 2013 at 7:53 PM
Civil Litigation Attorney serving New York, NY
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Havens & Lichtenberg PLLC
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At a first glance, there seem to be three issues in this case. First, the issue of liability: while it is likely that the group home can be held liable in this case, "likely" is not enough, and the determination will depend on many details - what is the mental problem the boy has, why was he placed in a group home, was he ever adjudged a danger to other, what were the terms of his placement to the group home, etc. Second issue is whether the group home can be sued: if it is a municipal or a state institution, it might be immune from a civil suit (for instance, in New York, a municipal corporation cannot be sued unless a notice of claim is filed with in 90 days from the event giving rise to the claim). Third issue is whether it will be possible to collect on the judgment: if the group home is (or belongs to) a private organization that has neither adequate liability insurance nor sufficient assets, suing it might be not worth the financial and the emotional costs of the litigation. Talking to an attorney would, probably, be the most reasonable step to take at this point.
Answered on Apr 15th, 2013 at 3:01 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You would have to show the group home was responsible, I doubt if you can do that.
Answered on Apr 15th, 2013 at 1:49 AM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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If the 16 year old was left behind so to speak due to the negligence of the group home, then they should be liable for the full extent of the child's injuries (which will be substantial due to the trauma involved). The child's case has to be handled by a guardian appointed by the court since minors are deemed "incompetent" to bring suit on their own behalf.
Answered on Apr 15th, 2013 at 12:31 AM
Ronald A. Steinberg
Yes. The home is responsible for controlling the residents.
Answered on Apr 14th, 2013 at 9:59 PM
Yes - the parents can definitely sue the group home, but whether they will "win" and how much compensation they will ultimately receive will depend on facts that are not posted above. The liability would exist because when a group home takes custody/responsibility for the boy, they are obligated to do certain things. If they do not do those things, it is considered a breach of that duty, and they would be responsible for any damages (in this case physical and emotional harm to the child, and loss of consortium of the parents) that was caused by that breach. You should contact a personal injury attorney here in Georgia - we all offer free consultations - and after a conversation we can better assess the specifics of the case. It's always important to do that sooner rather than later because it is important to preserve evidence immediately, otherwise crucial evidence could be "accidentally" or intentionally destroyed.
Answered on Apr 14th, 2013 at 9:54 PM
It is possible that there is a claim. Find an attorney who specializes in abuse cases and schedule an appointment to share the facts. There are many issues that impact liability in a case like this.
Answered on Apr 14th, 2013 at 9:51 PM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The parents of the girl should bring a lawsuit immediately.
Answered on Apr 14th, 2013 at 9:47 PM