Did the Youth Organization Owe Duty to a Child Not Associated With Them but Sexually Abused by a Former Volunteer ?
In J.E.J. v. Tri-County Big Brothers/Big Sisters, 692 A.2d 582 (Pa. Super. 1997), a youth organization was held to owe no duty to a child who was not associated with the youth organization, but was sexually abused by a former volunteer.
This ruling was made although the volunteer had previously assaulted another child and the organization failed to report this fact.
Because neither the child nor his family had any relationship with the organization, only a general duty not to place others at risk of a foreseeable harm was found to apply.
The court determined the general duty of care to warn or to protect did not extend to the child or his family given the tenuous connection between the parties.