Niece v. Elmview Group Home

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding sexual assault of resident by employee of group home is not legally unforeseeable as long as it was within field of danger which should have been anticipated
• holding Courts have held that hospitals have a “duty to protect its patients from the tor-tious or criminal actions of third parties” due to “the special relationship between the hospital and the patient.”
• noting that the policy decision to expand the scope of an employer’s liability for an employee’s intentional acts against a person to whom the employer owes a duty of care “should be left to the legislature”
• noting that the policy decision to expand the scope of an employer's liability for an employee's intentional acts against a person to whom the employer owes a duty of care \should be left to the legislature\
• declining to impose vicarious liability on group home for employee's rape of resident because \complex questions of public policy\ as to how the cost of such liability would be borne and how it would affect residential care \dictates that we defer to the Legislature\
• sexual assault of resident of group home for developmentally disabled person by an employee was legally foreseeable

Source: CourtListener parenthetical corpus (CC0).