QUESTION
What is the liability of someone else over a sexual offender?
Asked on May 09th, 2013 on Litigation - North Carolina
More details to this question:
We have an individual who is a sexual offender who is seeking membership at a private club. The club has never conducted background checks on potential members previously and has not conducted one on this individual though his background is known. There has also been no refusal of membership to anyone on the basis of information about a previous criminal record. The membership this individual is seeking would provide him with a key that allows him access to the building at any time he wants. We are wondering if this would make the club liable if he were to commit any type of sexual transgression on club property. This club is open to members and their families who also have keys and can come and go as they please and also hosts public events.
1 ANSWER
Divorce & Separation Attorney serving Jacksonville, NC
Partner at
The Houser Law Firm, P.C.
2 Awards
There is some possible liability under the same theory that a bar is liable for a dirty drunkie killing someone when the bar knows he's too drunk to drive yet keeps serving him and lets him drive - that should just be common sense. But hey, let's have some fun and check it out by, you guessed it - thinking it through! I know X is a sex offender. I'm going to allow him 24/7 free access to our club where children may be. Gee, I hope nothing bad happens. But hey, as long as our club's not liable - it's all good - right? I mean, kid was probably asking for it anyway. Yep, I was right - pretty much common sense!
Answered on May 10th, 2013 at 11:10 AM