Broken Trust - Retribution from a legal
standpoint in both civil and criminal capacities.
Children
comprise the most innocent and vulnerable portion of the population, as they
are not always aware of the dangers that exist around them. Unfortunately, at times,
people take advantage of their trust to commit horrible acts. While these
actions can never be undone, the law does allow for retribution from a legal
standpoint in both civil and criminal capacities.
Recent
Case Highlights Vulnerability of Children
The Chicago Sun Times provides an unfortunate example
of how the law can allow for civil remedies. The article concerns a Lake Villa
children’s home. In this case, the act is even more tragic because the home is
supposed to provide education, care, and treatment for troubled children and
youth. The Lake Villa children’s home, the Allendale Association, is being sued
because a staff member allegedly had sexual relations with a former teenage
resident. Joann Martin, a foster parent for the teenager, filed a lawsuit
against the children’s home. The program director, Kelvin Perry, allegedly
sexually assaulted the girl during her residence at the Allendale Association
and continued to do so when she left. The 16-year-old girl told her foster
mother and the Schaumburg police that she met the 51-year-old man at a
mall and that they engaged in sexual activity in his vehicle. Mr. Martin
allegedly confessed to the police of an inappropriate relationship with the
young lady. The Schaumburg police stated that they charged the staff
member with two felonies: one count of criminal sexual assault and one count of
aggravated criminal sexual abuse. Ms. Martin’s lawsuit alleges that the
Allendale Association failed to adequately supervise Mr. Martin, thereby
preventing him from developing a sexual relationship with the teenager, that
the organization also failed to observe clear signs that a staff member had
committed sexual misconduct against her, and that it did not conduct a proper
background check.
What
is vicarious liability?
When a
person reads about the situation that occurred, he or she may wonder why the
family of the teenage girl is able to sue the workplace establishment. The
principle of vicarious liability is a reason why people are able to sue
organizations and companies for the alleged actions of an employee. The
principle of vicarious liability is that a supervisory party,
such as an employer, can be held responsible for the conduct of a subordinate
or associate, such as an employee, based on the relationship between the
parties. In the aforementioned article, the parties alleged that the Allendale
Association provided “unfettered and unsupervised access” to girls. This claim
is especially important to the principle of vicarious liability because if a
person commits the act in the environment of the workplace, it gives greater
credence to the idea. For example, if the older man and the teenage girl had
started to engage in a sexual relationship because they met at a movie theater
and never engaged in any activity while at the children’s home, it would be much
more difficult to bring a claim against the employer under the principle of
vicarious liability.If you have any questions about personal injury law in the greater Chicago area, contact Allegretti & Associates. We can answer any of your questions, and help advise you on the best course of action.
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