Bell v. Grow With Me Childcare & PreschoolAnnotate this Case
Under the facts of this case, certain childcare centers did not owe a legal duty to protect an infant from the criminal acts of a former employee.
The infant in this case was abused by his nanny, and the infant died from his injuries several days later. The parents and special administrator for the infant’s estate sued two childcare centers where the nanny had worked previously, alleging that the childcare centers were negligent because the knew or should have known that the nanny had been abusive to other children while working as their employee but failed to report it to authorities. The district court directed a verdict in favor of the childcare centers and dismissed them from the case. The Supreme Court affirmed, holding that, as a matter of law, the childcare centers could not be liable in tort for the infant’s death because their conduct did not create a risk of physical harm to the infant and because they did not have a special relationship with either the infant, Plaintiffs or the nanny that would give rise to an affirmative duty to protect the infant from the risks posed by the nanny.