William J. Greagan, a member of the firm’s General Liability and OSHA and Worksite Safety groups, discusses New York’s passage of the Child Victims Act and the law concerning employers of child abusers.
In “Institutional Liability For Child Predators,” Bill talks about the updates to the Child Victims Act in New York State, an employer’s liability within the recent changes, protections for institutions regarding past claims, and policies and procedures for what employers should follow moving forward.
“Such an employer would not be liable simply because it employed the abuser. The doctrine of respondeat superior (that the employer is vicariously liable for the acts of its employees) does not apply to sexual abuse because an employer cannot be held vicariously liable for torts committed by an employee who is acting solely for personal motives unrelated to the furtherance of the employer’s business. An employer or supervisor can, however, be held liable for negligent supervision, negligent hiring, and common law negligence.”
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