What are Common Adult Survivors Act Claims Made Against Financial Institutions? How Can Legal Counsel Help?

The Adult Survivors Act, which went into affect in New York on November 24, 2022, opened a 1-year window for adult survivors of sexual abuse to file civil claims against abusers and negligent institutions, regardless of how long ago the abuse occured. This law has major implications for survivors seeking justice and financial institutions that may be vulnerable to lawsuits.

So what are some common claims survivors are making against banks, insurers, schools, hospitals, and other entities under the Adult Survivors Act? And how can legal counsel assist in these cases? Let’s break it down.

Negligent Supervision and Retention

One frequent claim against organizations is negligent supervision and retention of employees. This means the institution knew or should have known an employee posed a danger of sexual abuse to others, but they failed to take appropriate action like firing or disciplining the abuser. Just look at all the lawsuits against schools, hospitals, and churches for letting predator staff stay in positions with access to victims. Its heartbreaking.

Like if a teacher had multiple complaints of abuse against students but the school just gave them a warning and let them keep teaching? That’s negligent supervision right there. Schools have a duty to protect students from harm and remove dangerous staff. When they don’t, survivors can sue for substantial damages, especially with the help of a good lawyer.

Negligent Security

Negligent security is another big claim under the Adult Survivors Act. This is when an organization fails to provide adequate security measures to prevent foreseeable harm. For example, a hospital that doesn’t have proper video monitoring, allows unauthorized access to patient rooms, or fails to do background checks on staff could be liable. Same with a college that has too few guards, broken locks in dorms, or dark areas on campus.

If there was a known risk of sexual assault due to poor security, and a survivor gets abused as a result, the institution can get sued for negligence. But proving these cases takes serious evidence and legal expertise. That’s why survivors need an attorney who knows how to demonstrate negligent security and quantify the damages.

Failure to Report Abuse

In addition, many survivors are claiming institutions failed to report known abuse to authorities. There are mandated reporter laws requiring teachers, doctors, counselors, and other professionals to report any suspected child abuse. Failure to report allows predators to keep abusing.

Now adult survivors can file lawsuits against mandatory reporters and organizations who failed to act. But the cover-ups run deep, so gathering evidence to prove negligence and calculate damages takes skill. An attorney can send subpeonas, take dispositions, examine records to uncover failures to report. This provides survivors their day in court.

Fraudulent Concealment

Furthermore, fraudulent concealment is a big claim in these cases. This is when an institution actively covers up abuse to avoid scandal and lawsuits. All those institutions moving predator priests or staff to new locations without warning? Classic fraudulent concealment. Those non-disclosure agreements and sealed records? More concealment.

Proving an entity actively hid abuse to shield their reputation requires deposing leaders, accessing archives, following the paper trail. An attorney can dig deep to prove fraudulent concealment and really hold institutions accountable. But survivors need legal firepower to fight back against powerful entities.

How Can Legal Counsel Help?

So how exactly can lawyers assist survivors in Adult Survivors Act cases against institutions? Here are some of the key ways legal counsel makes a difference:

• Reviewing claims and advising if a case meets legal criteria
• Gathering police reports, medical records, employment docs as evidence
• Interviewing witnesses like fellow survivors and coworkers
• Sending subpeonas and Freedom of Information Act requests
• Taking depositions of leaders and negligent staff
• Consulting experts like security specialists and psychologists
• Negotiating settlements to avoid drawn-out litigation
• Going to trial if necessary to get justice
• Fighting back against defense delay tactics and coverups
• Counseling survivors through the difficult legal process
• Helping survivors finally get accountability and closure

The bottom line is survivors don’t have to fight alone against powerful institutions. Experienced legal counsel levels the playing field. They have the skills and resources to stand up to organizations and uncover the truth. An attorney can advocate tirelessly so survivors get justice.

If you’re an adult survivor of sexual abuse considering legal action against an institution, consult with an attorney. Many firms are providing free consultations to review Adult Survivors Act cases. You deserve justice. An attorney can help you get it.