Benjamin, age 5, and his brother Joshua, age 9, were enrolled at a summer day camp. Their parents dropped them off where they were then picked up by a bus and taken to the camp.

Buford, an individual with publicly avowed anti-Semitic views, entered the day camp area and began shooting. His bullet hit Benjamin. Joshua was not shot, but he “perceived” Benjamin’s shooting.

Purchase Bob Bruss reports online.

After Benjamin recovered, his parents filed this lawsuit on behalf of themselves and their children for negligence and breach of contract due to lack of security measures at the day camp.

The day camp operator replied it had no special legal duty to protect the campers from violent criminal assaults. Buford was criminally prosecuted and that should end the matter, the camp operator asserted.

IF YOU WERE THE JUDGE would you rule the day camp operator had a legal duty to provide security guards to protect the campers against a criminal intruder?

The judge said NO!

Because there had been no prior criminal attacks at the day camp, the judge began, this was a unique situation, which would have been very difficult to foresee and prevent.

Although there had been several telephone threats during prior months, that did not make the shooting foreseeable, he continued. “The shooting was an unexpected crime,” he emphasized.

“We conclude that these vague threats were not sufficiently specific so as to require that security measures be adopted to prevent a maniac from shooting children at a summer camp,” the judge ruled. Therefore, the camp operator is not liable to Benjamin, his brother, or his parents, the judge concluded.

Based on the 2003 California Court of Appeal decision in Kadish v. Jewish Community Centers, 5 Cal.Rptr.3d 394.

(For more information on Bob Bruss publications, visit his
Real Estate Center
).

***

Send a Letter to the Editor for publication.
Send a comment or news tip to our newsroom.
Please include the headline of the story.

Show Comments Hide Comments

Comments

Sign up for Inman’s Morning Headlines
What you need to know to start your day with all the latest industry developments
Success!
Thank you for subscribing to Morning Headlines.
Back to top
We're giving away 3 free ICLV tickets at Connect Now next week. Register and attend live for your chance to win!REGISTER×
Log in
If you created your account with Google or Facebook
Don't have an account?
Forgot your password?
No Problem

Simply enter the email address you used to create your account and click "Reset Password". You will receive additional instructions via email.

Forgot your username? If so please contact customer support at (510) 658-9252

Password Reset Confirmation

Password Reset Instructions have been sent to

Subscribe to The Weekender
Get the week's leading headlines delivered straight to your inbox.
Top headlines from around the real estate industry. Breaking news as it happens.
15 stories covering tech, special reports, video and opinion.
Unique features from hacker profiles to portal watch and video interviews.
Unique features from hacker profiles to portal watch and video interviews.
It looks like you’re already a Select Member!
To subscribe to exclusive newsletters, visit your email preferences in the account settings.
Up-to-the-minute news and interviews in your inbox, ticket discounts for Inman events and more
1-Step CheckoutPay with a credit card
By continuing, you agree to Inman’s Terms of Use and Privacy Policy.

You will be charged . Your subscription will automatically renew for on . For more details on our payment terms and how to cancel, click here.

Interested in a group subscription?
Finish setting up your subscription