Abuse Liability

McGivney, Kluger, Clark & Intoccia’s Abuse Liability Practice Group focuses on the representation of individuals and institutions who face civil liability arising from allegations of harassment and bullying, sexual abuse, human trafficking, and similar types of allegations. Our attorneys defend individuals, businesses, and non-profits, in a variety of settings, ranging from religious institutions, to public and private schools, day care centers, colleges and universities, summer and day camps, health clubs, recreational facilities, hotels, motels, boarding houses, and others. In each jurisdiction in which we practice, our attorneys have seen these claims and know how to investigate, manage, and defend them.

From the moment an allegation is made, our lawyers stand ready to promptly investigate the claim in a confidential manner, and to ensure that our findings are preserved for the clients through the course of time. Many of these lawsuits and allegations attract public attention, including media attention, and we counsel our clients on how to communicate to their own constituents, and with the press. Once litigation commences, we are aggressive and pragmatic, and ensure that every available defense is raised, and pursued vigorously. Our experience has connected us to many experts throughout the country who specialize in this field, including standard of care experts in a number of industries, and mental health experts who specialize in sexual abuse and childhood trauma. In jurisdictions which have revived historic claims by way of a Child Victims Act or the like, we have and continue to investigate and defend clients using a “state of the industry” model that demonstrates what the standard was at the time – not necessarily at this point of the 21st century.

Our attorneys practice in state and federal courts, and are prepared to defend common law negligence claims, including claims of negligent hiring, training, retention, and supervision; and statutory claims, including Title IX, 42 U.S.C. 1983 Civil Rights Act claims, the Trafficking Victims Protection Reauthorization Act, and others. No matter how high the stakes, we are prepared to partner with our clients and ensure the best possible outcome in each and every matter that we defend.