Statute of Limitations for Nursing Home Sexual Abuse

More than one deadline can apply. A claim under Public Health Law §2801-d against the facility generally carries a 3-year deadline. Although assault and battery claims generally have a one-year limitation period under CPLR §215(3), a 20-year period applies where the conduct constitutes a sexual offense listed in CPLR §213-c and that provision applies to the claim. Not every form of sexual misconduct qualifies, and the date of the conduct can affect which limitation period governs. A criminal charge or conviction is not required to bring a qualifying civil claim. New York's Adult Survivors Act opened a temporary window for certain previously time-barred civil sexual-abuse claims from November 24, 2022, through November 24, 2023. That window is now closed. An attorney can confirm which deadline governs your specific situation.

No. A civil lawsuit is entirely independent of any criminal prosecution. You have the right to pursue a civil claim at your own pace, and you decide whether to involve law enforcement — those are two separate paths, and one does not require the other.

That is completely understandable — coming forward takes courage, and you are in control of this process. Every conversation with Banville Law is protected by attorney-client privilege, and there is no obligation to proceed. You can share as much or as little as you are ready to at any point.

Institutions can be held liable under theories of negligent hiring, negligent supervision, and negligent retention — meaning the nursing home's failure to protect residents can establish civil liability independent of what staff knew or when. The focus is on the institution's duty to keep residents safe.