Duty to Protect From Third-Party Harm in Sexual Abuse Cases
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will explore the standards applied by courts to determine who may face civil liability for physical or sexual abuse perpetrated by third parties. The panel will discuss the duty of care to protect victims from third-party harm, how these standards are argued and applied in various jurisdictions, and the role of policy considerations in assessing the existence of the duty and ultimate liability.
Outline
- What is the traditional scope of the duty to prevent harm from third parties?
- What are some exceptions to the conventional view of "no duty"?
- Duty to disclose known abuse
- Duty to protect
- Sex trafficking
- Students
- Repurposing traditional negligence theories
- Landlord-tenant
- Employer-employee (if, for example, the perpetrator is a paid athlete)
- Contract claims
- Parent claims
- Derivative actions
- How have courts considered public policy factors?
- What are some potential insurance implications?
Benefits
The panel will review these and other pivotal issues:
- What is the traditional scope of the duty to prevent harm from third parties?
- What are some exceptions to the conventional view of "no duty"?
- Duty to disclose known abuse
- Duty to protect
- Sex trafficking
- Students
- Repurposing traditional negligence theories
- Landlord-tenant
- Employer-employee (if, for example, the perpetrator is a paid athlete)
- Contract claims
- Parent claims
- Derivative actions
- How have courts considered public policy factors?
- What are some potential insurance implications?
Faculty
Kiersty DeGroote
Attorney
Bochetto/Lentz
Ms. DeGroote's practice focuses on complex matters related to personal injury, employment law, and general... | Read More
Ms. DeGroote's practice focuses on complex matters related to personal injury, employment law, and general commercial disputes. She represents individuals and businesses at all stages of litigation to ensure her clients receive the best possible recovery whether that be through settlement, arbitration, or trial.
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Heather E. Simpson
Partner
Kennedys Law
Ms. Simpson handles disputes throughout the United States. Her practice focuses on insurance coverage and commercial... | Read More
Ms. Simpson handles disputes throughout the United States. Her practice focuses on insurance coverage and commercial litigation matters. Ms. Simpson has extensive experience in litigating and pursuing alternative dispute resolution of insurance coverage disputes involving professional liability, general liability, construction, environmental, products liability and employment claims. In recent years, she has handled numerous insurance claims arising from class action and mass tort litigation asserted against various sports leagues by former athletes alleging long-term brain injury as well as sexual abuse claims asserted against various religious, sports, and recreational organizations. As part of her work on complex coverage matters, Ms. Simpson has developed expertise in overseeing e-discovery efforts including the negotiation of e-discovery protocols and vendor contracts as well as the collection and review of large volumes of electronically-stored information. She also has experience handling appeals in both state and federal courts.
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Kathryn S. (Kate) Whitlock
Partner
Wood Smith Henning & Berman
Kate Whitlock is a partner with the Atlanta office of Wood Smith Henning & Berman, LLP. She has spent her entire... | Read More
Kate Whitlock is a partner with the Atlanta office of Wood Smith Henning & Berman, LLP. She has spent her entire career defending people accused of not doing their jobs right. Her goal is to resolve disputes promptly so that her clients can get back to focusing on what they do best – their work – but jury trials are sometimes necessary and Kate steps up to that plate. Over the years, she has seen an increase in both the number and size of “nuclear verdicts” from juries. Reptile Theory has contributed to that rise. Kate’s defense arsenal therefore includes a hefty dose of anti-reptile weapons. Kate lectures and publishes articles regularly on the subject. When not battling reptiles, Kate enjoys working with senior citizens and spending time with her lawyer-husband, three non-lawyer children, and two dogs.
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