When harm occurs in schools, churches, or youth organizations, families pursuing a legal claim need to understand the answer to an important question: What is institutional negligence? In child safety cases, the answer goes beyond individual wrongdoing and examines whether an organization failed to take reasonable steps to protect children from foreseeable harm.

The concept of institutional negligence includes supervisory practices, reporting mechanisms, and systemic safeguards. This area of law zeroes in on responsibility when those who had an obligation to act on behalf of children did not do enough to prevent abuse.

Contrate a un abogado especializado en abuso sexual en escuelas

En Easton & Easton, we advocate on behalf of victims and their families in institutional negligence and child safety failure cases. Nuestros abogados have over 100 years of experience in complex litigation pursuing claims against schools, churches, and other institutions.

We can review your school’s policies, reporting protocols, and supervision to determine if they fulfilled their legal responsibilities. At Easton & Easton, we evaluate your case through the lens of state law and with a focus on accountability and lifelong impact.

What Institutional Negligence Means in Child Safety Cases

The legal concept of institutional negligence examines how institutions fail to take adequate precautions against predictable harm to children. Instead of focusing on the actions of the person who abused a child, institutional negligence cases question if the institution was derelict in its duties to properly supervise its employees or agents, investigate complaints, promulgate effective policies, or install safeguards.

The Centers for Disease Control and Prevention (CDC) reports that in the United States, approximately one in four girls and one in 20 boys are sexually abused before they turn 18 years old. Victims of school abuse are often harmed by a person in a position of authority whom they know and trust. In about 93% of juvenile casos de abuso sexual, the victim was abused by someone they knew.

How Institutional Negligence Occurs in Schools

Schools owe a heightened duty of care when children are in their care, such as during the school day or at school-organized events. Examples of institutional liability in schools can include lack of supervision, failure to screen employees and volunteers, failure to train, or failure to act on previous complaints of inappropriate behavior.

Institutional liability assessments typically revolve around administrative protocols rather than decisions taken by individual staff members. For example, if schools don’t have adequate policies in place or fail to follow through on enforcing policies designed to keep kids safe, children may be placed at risk of foreseeable harm. Cases look at whether the school had reasonable policies in place that would have detected concerns or complaints and prevented further harm to children at school.

Institutional Negligence in Churches and Religious Organizations

Churches and other religious organizations sometimes sponsor youth groups, counseling, and community activities where adults are in positions of trust with children. Institutions can be negligent by failing to properly supervise staff, appropriately respond to allegations, or prohibit access to children after concerns have been raised.

Liability focuses on organizational choices, such as whether leadership ignored warning signs or prioritized reputation over child safety. For context, national reporting data can be helpful as well. Data published by the US Department of Health and Human Services shows that 10.6% of substantiated child maltreatment cases involved sexual abuse in 2022, making institutional accountability a critical part of child protection.

Preguntas frecuentes

Is Institutional Negligence the Same as Individual Abuse?

Institutional negligence differs from individual abuse. Abuse names the actions of an individual person. Institutional negligence describes how an organization contributes to those actions by the laxity of supervision, the failure to report, or the failure to take seriously and enforce safety policies. In these cases, the institution may be held liable even when the abuser is no longer a part of the organization.

What Evidence Is Used to Prove Institutional Negligence?

In cases of institutional negligence, some of the evidence may be in the form of internal policies, training of staff, other complaints received, e-mails, and reports. Testimony of an administrator or other employee may also be of evidentiary value. The above materials may show if the institution knew or should have known about the risk and if reasonable steps were taken to safeguard the children.

How Long Do Families Have to File an Institutional Negligence Claim?

Civil action deadlines regarding child sexual abuse and institutional negligence in Nevada have been extended. Per Nevada Revised Statutes § 11.215, victims of child sexual abuse have until either 20 years after their eighteenth birthday or when they discover the harm occurred to file a civil suit against negligent institutions.

This window permits claims against schools, churches, and other institutions that did not protect a child from abuse, even if it has been a long time since the incident.

Where Are Institutional Negligence Cases Heard in Las Vegas?

If an incident takes place at a Las Vegas school or institution, the institutional negligence claim may be filed in the Eighth Judicial District Court. This district hears a variety of complicated civil claims, such as those involving institutional liability and child safety. Differences in local court rules may change how evidence and claims are presented.

Are Schools and Churches Required to Report Suspected Child Abuse in Nevada?

Nevada law places reporting requirements on various parties. For example, Nevada Revised Statutes § 432B.220 requires teachers, school employees, clergy, and certain other persons to report known or suspected child abuse or neglect to appropriate authorities. Institutions may face further inquiry for failure to report in civil actions if such a failure permitted continued or escalated abuse.

Contact a School Sexual Abuse Lawyer

Sexual abuse, whether at school or church, is a serious matter and should be reviewed by an attorney. If your child was sexually abused and you believe that a school or church was negligent in its duty to protect your child, you may be entitled to hold that institution accountable.

Contact Easton & Easton to schedule your consultation. Hire a school sexual abuse lawyer today.