Yes, you can absolutely file a civil lawsuit against a third-party contractor and its employee if you or your child were abused by them inside a juvenile detention facility. The law is clear: a company cannot send its employee into a secure youth facility, benefit from that contract, and then wash its hands of responsibility when that employee harms a child.
The legal path in these situations can seem complicated. The abuser wore a different uniform, worked for a different company, and the detention center may try to shift the blame. But it is critical for you to know that this complexity does not weaken your case. In fact, it often creates multiple pathways to justice, allowing you to hold not only the individual abuser accountable but also the contracting company that employed them and the detention facility that failed to protect you.
Key Takeaways
- Yes, You Can Sue a Contractor: You have the right to file a lawsuit against the individual abuser, their employer (the contracting company), and the juvenile facility itself.
- The Contractor is Liable for its Own Negligence: A contracting company has an independent duty to properly hire, train, and supervise its employees, especially when they will be working with vulnerable youth.
- The Detention Center is Still Responsible: The facility has a "non-delegable duty" to keep the children in its care safe. It cannot outsource this fundamental responsibility and can be held liable for failing to supervise the contractors it allows through its doors.
- Multiple Defendants Can Strengthen Your Case: Suing all responsible parties can increase the resources available for a fair settlement and create pressure on the defendants, often forcing more evidence and truth to come to light.
The "Web of Responsibility": Who is Held Accountable?
When abuse is committed by a third-party contractor, it is helpful to think of the situation as a "web of responsibility." There is not just one entity at fault; there are several, and each one failed in its specific duty to keep a child safe. A powerful and thorough civil lawsuit seeks to hold every party in that web accountable for their role in the tragedy.
The three main parties in this web are:
- The Individual Abuser: The person who committed the abuse is always directly liable for their own horrific actions.
- The Contracting Company: The company that hired, trained, and paid the abuser has its own set of legal responsibilities.
- The Juvenile Detention Facility: The institution that had ultimate custody of the child and allowed the contractor on-site can also be found liable for the harm caused.
Let's break down how your legal team would work to hold each of these entities accountable.
Holding the Contracting Company Accountable for Its Failures
A contractor's lawsuit is not based on the idea that they are automatically responsible for everything their employee does. It is based on proving the company's own negligence. Your lawsuit would seek to prove that the company failed in its own duties, and this failure created the opportunity for the abuse to occur.
Here are some of the legal theories that might hold a third-party contractor responsible in this situation:
Negligent Hiring
This is often the most direct path to proving a company's liability. A contractor has a duty to perform due diligence when hiring any employee, but that duty is significantly heightened when the employee will have unsupervised access to children. A company can be found negligent for hiring someone if they:
- Failed to conduct a thorough criminal background check.
- Ignored red flags in the applicant's employment history, like being fired from a previous job for misconduct.
- Did not check references or verify credentials.
Negligent Training
A company that sends its workers into a sensitive environment like a youth facility must provide them with specialized training. A simple "welcome to the company" orientation is not enough. The company may be found negligent if they failed to train their employees on critical topics like:
- Professional boundaries with minors.
- The facility's specific rules of conduct.
- How to identify and report signs of abuse (their own or others').
Negligent Supervision
The company's responsibility does not end after the hiring and training process. It has an ongoing duty to supervise its employees. This can include conducting on-site checks, reviewing performance, and investigating any complaints or rumors of inappropriate behavior. If a company learns that its employee is acting unprofessionally and does nothing, it can be held liable for negligent supervision.
How the Detention Center is STILL on the Hook: The "Non-Delegable Duty"
This is a critically important legal concept for survivors to understand. The detention center will almost certainly try to point the finger and say, "It wasn't our employee, it was theirs. Talk to them."
This is not a valid legal defense.
A juvenile detention facility has what is known as a "non-delegable duty of care." This means that its fundamental, absolute responsibility to keep the children in its custody safe from harm cannot be outsourced, delegated, or passed off to a contractor.
Think of it like a parent hiring a babysitter. If the babysitter harms the child, they are responsible for their actions. But if the parent hired a babysitter they knew was dangerous, or failed to check on the child's safety, the parent is also responsible. The facility is in the role of the parent, and its duty is even higher.
The lawsuit against the facility would focus on its negligence in managing its contractors, such as:
- Negligent Vetting of the Contractor: Did the facility do its due diligence on the entire contracting company before hiring them? Did they check the company's safety record or complaint history?
- Failure to Supervise Contractors On-Site: Did the facility allow contractor employees to roam freely, unescorted? Did they allow them to have unsupervised, one-on-one contact with youth in violation of standard safety protocols?
The Many Faces of Third-Party Contractors in Youth Facilities
Contractors are a common presence in almost every juvenile facility. They are brought in to provide specialized services that the facility may not have in-house. Any of these individuals can be perpetrators of abuse. Examples include:
- Medical and Mental Health Providers: Doctors, nurses, dentists, therapists, and counselors may be brought in to provide care. These cases involve a patient-physician relationship, and when that is violated, it’s a profound breach of trust.
- Educational Staff: Tutors, special education teachers, or vocational instructors can be hired from an outside agency.
- Food Service Workers: Employees of a large catering company (like Aramark or Sodexo) that has a contract to run the facility's cafeteria are often on-site.
- Maintenance and Tradespeople: Plumbers, electricians, janitors, and other repair workers may have access to all areas of the facility.
- Private Security Staff: In some cases, a facility may contract with a private security firm to supplement its own staff.
No matter the uniform they wear or the service they provide, if they are on that property, the juvenile detention facility is ultimately responsible for the safety of the children around them.
Frequently Asked Questions (FAQs) About Contractor Liability in Juvenile Facilities
I was abused by a therapist who worked for an outside company. Who is more responsible, the therapy company or the detention center?
Legally, they can both be held fully responsible. Your legal team will work to prove that the therapy company was negligent in hiring or supervising the therapist, AND that the detention center was negligent for failing to protect you. In a successful case, a jury could find both entities liable for the harm you suffered.
What if the contracting company is a small business or has since closed down? Is a lawsuit still possible?
Yes, it is often still possible. Nearly every legitimate business carries liability insurance. Even if the company itself is no longer in business, a lawsuit can often be filed against its insurance policy that was active at the time of the abuse. An experienced attorney knows how to investigate these corporate histories and track down the responsible insurance carriers.
I don't know the name of the company the abuser worked for. I only remember their first name. What can I do?
This is a very common situation, and you should not let it stop you from seeking help. This is exactly what the legal "discovery" process is for. By filing a lawsuit against the detention facility, your attorney can force them to turn over records, contracts, and visitor logs from the time you were there. This information can be used to identify the contractor and the full name of the abuser. You do not need to have all the answers to get started.
After a Third-Party Contractor Causes Harm, Let the File Abuse Lawsuit Team Help You Recover
The web of responsibility in a third-party contractor abuse case can seem tangled and intimidating. But for our experienced legal team, that web represents multiple opportunities to uncover the truth and secure the justice you deserve. Each responsible party—the facility, the contractor, and the abuser—has a share of the blame, and each should be held accountable for their role in the trauma you endured.
If you are a survivor of abuse by a third-party contractor in a juvenile facility, you do not have to untangle this complex situation on your own. Our team is here to help you understand your rights and fight for the accountability you deserve. Contact File Abuse Lawsuit today for a free, compassionate, and completely confidential consultation. Call us at (209) 283-2205 to speak with a legal advocate who is ready to listen.