Institutional child abuse is when an agent of an organization abuses children under its care. The agent can be an employee, volunteer, or any other affiliated person that mentally, physically, emotionally, or sexually abuses a child.
Previously, we reviewed various forms and consequences of child injury and abuse. You can check it out here. Now, we want to talk about an issue known as institutional abuse. Institutional abuse is a specific form of abuse and effects many people. Thus, it deserves some attention.
What is Institutional Child Abuse?
Institutional child abuse is when kids are harmed while under the care of a specific entity such as a company, church, school, or anything else. While anyone can commit the abuse, normally it is someone who works or volunteers at the specific place. Also, while the victims typically are kids, they don't have to be. Often, the sick, old, and disabled are injured while under the care of institutions. Generally, institutional abuse does not involve abuse committed by family and friends of the abused.
What Institutional Child Abuse Damages Are There?
Child abuse damages can include physical injuries, mental suffering, and long-term grief. However, they can also include expenses like hospital bills and lost wages.
Child abuse can come in a million forms. The nature of the injuries and damages normally mirrors the particular kinds of abuse that are employed. It is not uncommon for children to have broken bones, psychological damage, scars, and learning problems because of the abuser's conduct. You need to try and learn as much as you can about what the offender did in order to discern just exactly how the kid was harmed.
Then, for many of these things, you can sue the person for damages in a civil court of law. Remember, children can be scarred long after the actual incident of abuse. They can suffer from long-term pain, psychological disrepair, and other issues. These should not be ignored when seeking recovery.
What Creates Institutional Liability For Child Abuse?
Institutions can be liable for child abuse charges if their inadequate hiring, training, or staffing led to the child's injury. Additionally, institutions can be responsible for child abuse charges if they permissively or intentionally allowed it to occur.
Generally, institutions have the responsibility to care for and protect those within their care. This extends keeping kids safe from abuse of all kinds. Normally, workers and employees are considered agents of the institution that they are representing and, thus, their wrongful conduct can be imputed back to the organization. However, in certain instances, defendant institutions can block this kind of intentional conduct from being sent back to them. Then, you would be left to sue the individual and that is not good because these kinds of people often do not have the resources to compensate your child for your injuries.
How Can You Sue Institutions For Child Abuse?
You can sue an institution for child abuse in a civil court of law for tort damages. Then, you must prove beyond a preponderance of doubt that its negligent or intentional conduct caused your injuries. Alternatively, states can prosecute institutions for child abuse per criminal wrongdoing statutes. Here, states must prove their case beyond a reasonable doubt.
There are several ways to hold the institution accountable for the child abuse for its agents. First, if the institution permitted the abuse to continue or called for it to happen, then it would be liable. Second, if the institution did not adequately screen its agents, workers, or volunteer, especially for past acts of child abuse, then it could be responsible. Third, if the institution did not monitor or supervise its agents, workers, or volunteers, then plaintiffs could possibly sue it for child abuse damages. Fourth, if the institution did not notice or respond to signs of child abuse, then victims could get it on the hook for compensation. Finally, if the institution receives notice but does not report child abuse, then it can definitely be in trouble for the child abuse that happens to kids in its care.
Call us to Learn More!
This introduction to institutional child abuse just addresses one dimension of the larger problem. There are many other faces, effects, and causes of child abuse. If you contact our office, one of our lawyers can help you understand how the facts of your incident interact with relevant laws and past cases. More than showing you what you could receive in the form of compensation from a lawsuit, it will help you see what needs to be done. Call our offices. We have a passion and history of defending similar victims and will bring the same zealous advocacy to your suit. You can reach us at (888) 424-5757 or contact us through our site.
For additional information see the following pages:
- How Are Children Injured?
- What Can a Child Obtain in a Personal Injury Case?
- What Are Child Injury Laws?
- What Can I do If I Have Been Harmed or Know a Child That Has Been Harmed?
- What Are Child Injury Cases Worth?
- What Resources Are There For Injured Children?
- How Can a Lawyer Fight For Your Injured Child?
- What Medical Injuries do Children Suffer?
- What Are Typical Childhood Injuries?
- Are Children Injured More Frequently Than Adults?
- Do Children Get Hurt More Than Adults in Hospitals?
- Can I Spank My Child?
- Can I Get in Trouble For Falsely Reporting Child Injuries?
- Do Children's Injury Cases Normally Settle or Go To Trial?