Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I still file if the abuse at the daycare happened years ago?
Yes. Under CPLR 214-g (the Child Victims Act), survivors of childhood sexual abuse have until their 55th birthday to file a civil lawsuit, regardless of when the abuse occurred. If you discovered only recently that the abuse caused psychological or physical injury, you may also have 2.5 years from that discovery. Coming forward takes courage, and the law is designed to give you time.
What if the daycare denies the abuse occurred?
A daycare's denial does not end your case. Civil lawsuits focus on what the institution knew or should have known — negligent hiring, inadequate background checks, or failure to supervise staff. Evidence gathered through the legal process can establish the institution's failure to protect children in its care, independent of any criminal proceedings.
Does filing a civil lawsuit mean I have to testify in open court?
Not necessarily. Many civil cases are resolved before trial. You move at your own pace, and you decide next steps at every stage — there is no obligation to proceed beyond what you are comfortable with. An attorney can walk you through what the process would look like for your specific situation.
Is my conversation with Banville Law confidential?
Yes — every conversation is protected by attorney-client privilege from the moment you reach out. Nothing you share can be disclosed without your consent. If you are also in need of immediate support, the RAINN National Sexual Assault Hotline is available 24/7 at 800-656-4673, free and confidential.
Can I file if my child was abused by another child at the daycare, not by a staff member?
Yes. A daycare's core legal duty is to supervise the children in its care, so peer-on-peer abuse can still support a claim. The question is whether staff failed to watch, separate, or intervene the way a reasonably careful facility would have. The abuser does not have to have been an employee for the daycare itself to be held responsible for inadequate supervision.
Does it matter whether the daycare was state-licensed or an unlicensed home operation?
You may have a claim either way. Licensed centers and registered family daycares in New York must meet Office of Children and Family Services standards for background checks, staff ratios, and supervision, and falling short of those rules can be evidence of negligence. An unlicensed or off-the-books operation does not escape liability — running a childcare setting without meeting basic safety duties can make the case for negligence stronger, not weaker.
My child is still young. Do I file now, or does my child file later as an adult?
You have both options. A parent or guardian can bring a civil claim on a minor child's behalf now, while records and memories are fresh. Alternatively, New York gives a survivor of childhood sexual abuse until age 55 to file on their own, so a child can also wait and decide as an adult. Filing sooner often helps preserve evidence like staffing logs and personnel files, but the long deadline means the choice is genuinely yours.