Gritzner v. Michael R
In Gritzner v. Michael R., 228 Wis.2d 541, 598 N.W.2d 282 (1999), a minor was sexually molested by another minor while playing at the latter's home.
The Wisconsin Court of Appeals found "it self-evident that an adult who voluntarily takes on the supervision, custody or control, even on a temporary basis, of a visiting child . . ., stands in a special relationship to such child for purposes of the child's 'protection' under 314A of the Restatement." Gritzner, 598 N.W.2d at 287-88.
In reversing the dismissal of the victim's negligence action against the parent of the perpetrator, the court also found that a duty of protection existed under Restatement (Second) of Torts, supra, 324A. Gritzner, 598 N.W.2d at 289.
It is noteworthy that the potential liability of the homeowner in Gritzner did not arise from the concept of premises liability, but from the special relationship. Id. at 288.