C.L. v. McFadden

Citations

• 2026 Ohio 1150

Syllabus

The trial court erred by entering judgment in favor of a home daycare provider on claims of negligence and loss of consortium brought by the parents of two minor children who were sexually abused when the daycare provider left them alone with her husband. The trial court erroneously held that no duty of care existed, because the criminal acts were not reasonably foreseeable to the daycare provider. The daycare provider owed a duty of care to the children, both due to the special, custodial relationship between herself and the children and because she voluntarily undertook to render services she should have recognized as necessary for the children's protection. Questions of foreseeability are relevant to whether the daycare provider breached her duty of care to the children, not to whether she owed a duty at all.