Can a government run facility be held liable for sexual abuse?


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A: In certain situations, a government agency can be held liable for sexual abuse committed by a state or federal agency employee. However, in order to maintain a case against a government agency, most state and federal laws require that the individual serve notice of the intention to file a lawsuit against the government agency. Therefore, it is vital that any potential case against a government employee and agency, state or federal, be reviewed by a knowledgeable sexual abuse lawyer.

There is a common theory which can be applied in sex abuse cases involving a government agency/employee. That theory, known as the “snake pit” theory holds a government agency liable for sexual abuse committed by a government employee where it can be shown that the government agency either created or increased the risk of danger.

Pennsylvania Public School Sex Assault Law Update – Federal Court Rules Against Philadelphia Public School [September 2016: 3rd Circuit Court of Appeals rules against a public school in Philadelphia where a school teacher allowed an unknown adult to remove a kindergarten student from class and the adult later sexually assaults the student.]

In Pennsylvania and New Jersey, this snake pit theory can be used to hold a government agency liable for sexual abuse and assault of an individual. For more information, contact Brian Kent, a Pennsylvania and New Jersey sex abuse lawyer and former sex crimes unit prosecutor.

Sex Abuse Lawyer in Pennsylvania & New Jersey

Laffey, Bucci & Kent handles civil sex abuse cases in the Northeast area with offices in Pennsylvania, New Jersey and New York.  Attorneys at the firm are licensed in Pennsylvania and New Jersey. Firm founder, Brian Kent, is a former sex crimes unit prosecutor with the knowledge and compassion to help victims of sex abuse face their abusers and seek justice.

The firm has the resources and experience to handle sex abuse cases in all states and welcomes calls from local counsel about potential cases. Click To Call

**This website does not provide legal advice.  Every case is unique and it is crucial to get a qualified, expert legal opinion prior to making any decisions about your case.  See the full disclaimer at the bottom of this page.

Page last updated: September 14, 2016