Charity, Dairy Queen not liable for assault at car wash
After a 13-year-old girl was sexually assaulted while participating in a car wash fundraiser sponsored by Kids, Inc. at a Dairy Queen restaurant, the child’s guardian sued for damages, charging both the charity and the Dairy Queen with negligence. The complaint alleged that they should have foreseen the possibility of the assault by a male in the restaurant men’s room and should have taken steps to prevent it. The defendants argued that they could not be liable for the independent criminal acts of a third party and that they had no reason to foresee that such an attack would be made. A trial court in Oregon has dismissed the complaint and the state Court of Appeals has affirmed. “The...
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