Legal experts indicate that the current law would not impact any civil actions the parents might consider. Instead, Day suggests that a lawsuit focused on alleged ordinary negligence would be more suitable, pointing out that the failure to report could serve as “evidence of that failure” to ensure child safety on set.
Yosi Yahoudai, Co-Founder & Managing Partner at J&Y Law, agrees that a civil case is plausible if the parents choose to proceed. He stated, “In cases like this, there may be multiple potentially liable parties, not just the alleged perpetrator. Depending on the circumstances, liability could extend to those responsible for the safety and oversight of the event or location, the production company, and even the employer itself if there were failures in hiring, screening, training, or reporting procedures.”
Yahoudai also noted that the state’s reporting requirements could factor into the case, even if they are not directly violated.
Currently, prosecutors report that the parents are not intending to file a civil lawsuit against Busfield, nor is there any indication of action against the studio.
Despite this, Busfield has accused the parents of being “criminals” attempting to exploit him financially, an allegation that remains uncorroborated.
