California, United States of America
The following excerpt is from Baron v. Polo, E065516 (Cal. App. 2018):
has developed as a means of avoiding imposing a duty to take protective action for the benefit of a potential victim when there is no relationship to the person needing protection." (Juarez v. Boy Scouts of America, Inc., supra, 81 Cal.App.4th at p. 410.) In Juarez, the court noted that, "[g]enerally, a greater degree of care is owed to children because of their lack of capacity to appreciate risks and avoid danger. [Citation.] Consequently, California courts have frequently recognized special relationships between children and their adult caregivers that give rise to a duty to prevent harms caused by the intentional or criminal conduct of third parties." (Ibid.)
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