SB 143 Addresses Vicarious Liability for Sex Offenses
SB 143, 'Concerning The Statute of Limitations for Civil Actions Alleging Unlawful Sexual Conduct,' is sponsored by Senator Fitz-Gerald and Representative Madden. This bill seeks to provide further protections to child victims of sexual abuse, including holding institutions accountable for preventing sexual abuse.
To this end, this bill would eliminate the current exception for vicarious liability claims under the present six year statute of limitations. In addition, the bill defines such claims broadly, allowing for the claim to go forward against a person or entity that was not the perpetrator of the crime for the actions of an employee, volunteer, representative or agent of the person or entity if certain conditions were met. For associations, this definition would include the actions of board members, committee members, groundskeeper, maintenance staff etc.
This bill is waiting its second reading in the Senate. We will keep you posted on its progress. If it passes, we'll be providing resources on how to safeguard your association against these types of vicarious liability claims.