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J.S. and M.S. v. R.T.H. | 714 A.2d 924 (1998)
Negligence begins with the breach of a duty owed to another. Without a duty, there’s no liability. As a general rule, a person has no duty to protect someone from the dangerous conduct of a third party. But in J.S. and M.S. versus R.T.H., the New Jersey Supreme Court considered when this kind of duty might be warranted.
J.S. and M.S. were the parents of two daughters, aged twelve and fifteen. R.T.H. and his wife, R.G.H., whom the court called John and Mary, became neighbors of J.S. and M.S. The daughters of J.S. and M.S. would visit John almost daily at his horse barn to ride and care for his horses. John sexually abused both girls over a period of more than a year. Mary knew that the girls spent substantial unsupervised time alone with John, but she never confronted him about it. Mary also conceded for purposes of argument that she knew or should’ve known of John’s propensity for abuse.
After John was convicted and imprisoned, J.S. and M.S. sued him and Mary, contending that Mary was liable for negligence. John conceded liability for his part in harming the girls, but Mary moved for summary judgment on the basis that she owed the girls no duty of care. The trial court granted summary judgment, but the New Jersey Superior Court, Appellate Division, reversed. The New Jersey Supreme Court granted Mary’s petition for certification.
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