This is not a black and white issue. If for example, a policeman harms someone on his lunch break, the municipality could be included in a civil suit if the policeman was using his authority as a policeman when he hurt someone, even in a small way. Also, if the Dept. knew that he had a propensity for misconduct, they will certainly be named in a civil suit.
As for offending JW elders, often they have used their title and privilege to position themselves so as to hurt a member of the flock. In the case of the 2 elders in Illinois, they were acting in an investigative capacity when they told a little girl and her mother that they should remain silent about the rape she endured by a male member of the congregation. Subsequently, the Service Dept and Legal Dept offered incorrect (and hurtful advice) that allowed the rapist to continue to rape the young girl for 12 more years - that's right - 12 more years.
The court found the elders guilty for not reporting, and it is very interested in the attorney at Watchtower who dispensed incorrect legal advice across state lines. It is likely that he/she will be disbarred and Watchtower will pay dearly ($$$$$) for the incompetence when a civil suit (which is a foregone conclusion) is filed.
I would not be quick to let Watchtower off the hook for the misdeeds of elders and ministerial servants. In each case, it is essential to determine if/how they used their authority in the commission of the offense.