Social Services & Human Services Liability

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Social Services and Human Services organizations are faced with many challenges as they minister and provide support to some of the most vulnerable segments of our society. Their obligations in responding to community needs can create unique risks leaving them susceptible to liabilities. Understanding the needs of our social services and human services-based clients requires a strong legal team experienced in handling the complex legal issues facing such organizations and devoted to protecting and furthering each organization's mission.   

Marshall Dennehey's Social Services and Human Services Liability Practice Group members have defended numerous mental health institutions and other social and human services organizations in hundreds of matters. Our attorneys routinely handle claims ranging from alleged abuse and neglect of special needs children, to complex, high-exposure wrongful death litigation.

Among our many clients, we represent special needs and learning disabled schools, summer camps, mental health institutions, adult day care centers, group homes, community social services agencies, shelters, non-profit organizations, and youth clubs. We count among these clients Elwyn, one of the nation's largest human services organizations serving disabled and disadvantaged individuals. 

This hybrid area of law incorporates multiple liability exposures including General Liability, Amusement Sports & Recreation, School Leaders, Professional Liability and Liquor Liability. Our attorneys have decades of experience handling matters involving:

  • Pennsylvania Youth Services Act
  • Elopement and Wandering Services
  • New York Mental Hygiene Law
  • Mental Health Retardation Act
  • Social Services Protocols and State Ratios
  • Child Abuse/Emotional Abuse
  • Sexual Abuse
  • Child Molestation
  • Sepsis
  • Mental Health Procedures Act
  • Rape Cases
  • Foster Programs
  • In Loco Parentis

We welcome the opportunity to work with you in defending your Social Services and Human Services litigation. Consistent with our firm's proactive approach and philosophy, we also welcome the opportunity to present educational seminars and workshops as a mutually beneficial introduction to one another.

The Social Services and Human Services Litigation Practice Group serves clients in communities throughout Pennsylvania, New Jersey, Delaware, Ohio, Florida and New York.

Bocchino_Ralph
Ralph P. Bocchino, Chair

Volatile Sexual Assault Case Successfully Moved Out of Philadelphia

Social Services & Human Services Liability

We successfully obtained an order to move a sexual assault case to Chester County, Pennsylvania. At first, the venue appeared prima fascia good for Philadelphia until our attorneys more closely investigated and found the one defendant holding the case in the city was never served and could not be found. 

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Dismissal of multiparty action against church involving pastor’s child abuse.

Social Services & Human Services Liability

The lawsuit involved claims of child abuse committed by a pastor that occurred during church-based camp activities. We obtained a dismissal of all counts for abuse filed by all plaintiffs against our client, one of the church defendants. Our client did not employ the pastor when the abuse occurred and had no knowledge of the claims asserted.

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Dismissal of wrongful death action against home aide care service.

Social Services & Human Services Liability

We obtained dismissal, with prejudice, of a wrongful death and survival action against a home aide care service. The plaintiff filed an action alleging that employees of our client transmitted COVID-19 to his elderly parents and that, as a result, both of the plaintiff’s decedents passed away.

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Dismissal of claims against day care center.

Social Services & Human Services Liability
Premises & Retail Liability
Commercial Litigation

We obtained dismissal via preliminary objections of all claims asserted against a day care center in a shooting case venued in Philadelphia. The case arose from the shooting death of a student’s father. The shooter had been previously convicted of manslaughter and assault and was an employee of the day care center’s long-time food service vendor. While the decedent was dropping off his youngest child at day care, he got into an argument with the shooter, who was on the premises delivering food.

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Dismissal of complaint under New Jersey’s Charitable Immunity Act.

Social Services & Human Services Liability
Appellate Advocacy & Post-Trial Practice

Marshall Dennehey was successful in the New Jersey Appellate Division, which affirmed the dismissal of the plaintiff’s complaint under New Jersey’s Charitable Immunity Act. The defendant operated a shelter for battered women, their dependent children and the homeless. The plaintiff and her child were residents at the shelter and beneficiaries of its charitable goals when the plaintiff slipped and fell on ice on the shelter’s property. She argued that she was not a beneficiary of the charity because she did administrative tasks and volunteered in the charity’s thrift store.

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