New York Daycare Sexual Abuse Lawyer
When a child is sexually abused at a daycare center, the effects are profound, long-lasting, and devastating for the entire family. These incidents are a direct violation of the trust parents place in daycare facilities to protect children during their most vulnerable years. At Greenberg Gross LLP, our legal team is dedicated to supporting survivors of childhood sexual abuse and holding all responsible parties accountable under New York law.
Whether the abuse occurred at a large daycare center or a smaller licensed provider, families have legal options. Through civil lawsuits and legal claims made possible by the New York Child Victims Act, survivors can pursue justice and financial compensation for the suffering caused by this traumatic experience.
What qualifies as daycare sexual abuse?
Daycare sexual abuse involves any sexual act or contact of a sexual nature inflicted upon a child by a daycare worker, employee, or any adult present in a daycare setting. This may also include exposure to child pornography, sexual assault, or other actions that constitute sexual abuse. In some cases, children are sexually abused by other children due to a lack of supervision or inadequate staff training.
These cases are often complex and may involve negligent hiring practices, failure to report suspected abuse, or improper staff training. When these failures lead to abuse, daycare facilities and their operators may be held liable.
Legal rights for child sex abuse victims in New York
New York law strongly supports the rights of survivors of child sexual abuse. Under the Child Victims Act (CVA), New York allowed survivors of childhood sexual abuse to file civil lawsuits during a special two-year revival window, even if their claims had been previously time-barred. That window closed on August 14, 2021. However, under current law, some survivors can still file civil claims until they reach age 55, per CPLR § 214(10).
A daycare sexual abuse claim can lead to both civil and criminal proceedings. While criminal charges may be pursued by the state, a civil lawsuit allows the family to pursue financial compensation directly from the responsible parties, including daycare centers and individual abusers.
Holding daycare facilities accountable
When a daycare center fails to prevent abuse or does not act upon reports of suspected abuse, they may be held liable for the harm caused. Common reasons for liability in daycare sexual abuse cases include:
- Hiring individuals with known histories of abuse or red flags
- Inadequate background checks or training
- Failing to supervise children properly
- Ignoring signs of abuse or misconduct
- Delaying or failing to report abuse to authorities
Daycare abuse survivors often suffer from post-traumatic stress disorder, emotional trauma, and other mental health conditions. These impacts can last for years or even decades. Legal action is not only about justice but also about ensuring the child and their family receive the emotional and financial support they need to begin the healing process.
Taking legal action after abuse occurred
Families may file a civil lawsuit against both the individual abuser and the daycare facility. A civil claim may include compensation for medical bills, therapy, mental health treatment, pain and suffering, and other damages associated with the abuse. In some cases, punitive damages may be available when the abuse is especially egregious or when institutions knowingly ignored prior warnings.
Greenberg Gross LLP helps families understand their legal options, file civil claims, and navigate the legal process with sensitivity and professionalism. We offer a confidential consultation to evaluate your case and provide a free case evaluation. You will not pay legal fees unless we recover compensation for you.
Why choose Greenberg Gross LLP
At Greenberg Gross LLP, we have an entire practice group dedicated to helping survivors of sexual abuse. Our attorneys have extensive experience in handling sexual abuse cases, including those involving childcare sexual abuse, child sexual abuse cases, and institutional abuse within the Catholic Church and other organizations.
Our legal team understands the trauma suffered by abused children and the heavy burden placed on their families. We fight to hold responsible parties accountable, protect children from future harm, and support every client through a compassionate and clear legal process.
We are ready to help
If your child suffered sexual abuse in a daycare facility, you have the right to seek justice. Let us help you take the first step.
Contact Greenberg Gross LLP for a confidential consultation and free case evaluation.
Frequently Asked Questions
What is considered sexual abuse in a daycare setting?
Any sexual contact, sexual act, or behavior of a sexual nature directed at a child by an adult in a daycare environment is considered sexual abuse. This includes touching, assault, exposure to explicit images, or coercive behavior.
Can I still sue if the abuse happened years ago?
Possibly. New York’s Child Victims Act allowed survivors to file previously time-barred claims during a two-year revival window that closed on August 14, 2021. However, if you are under the age of 55, you may still be eligible to file a civil lawsuit under New York’s extended statute of limitations, CPLR § 214(10).
Who can be held accountable?
Daycare workers, supervisors, facility owners, and any individual or institution that failed to prevent or report abuse can be held accountable. Civil lawsuits may also extend to parent companies or larger childcare organizations.
What damages can be recovered?
Compensation may cover medical expenses, therapy, emotional suffering, and other costs associated with the abuse. In severe cases, courts may also award punitive damages to punish egregious behavior.
How do I get started?
You can begin with a confidential consultation and free case evaluation with Greenberg Gross LLP. Our legal professionals will explain your legal options and help you decide on the best path forward with no pressure.