J.S. and M.S. v. R.T.H.

Supreme Court of New Jersey · 1998 · Torts

714 A.2d 924 (N.J. 1998)

Updated July 23, 2026

TortsNegligenceDutyProximate CauseThird-Party HarmChild Sexual Abuseforeseeabilityparticularized foreseeability

Facts

Two adolescent sisters regularly visited their neighbors' property to ride and care for horses, often spending time alone with the husband, who sexually abused them over more than a year. After the husband pled guilty to endangering the welfare of minors, the girls and their parents sued both him and his wife, alleging the wife was negligent because she knew or should have known of her husband's proclivities or propensities. For purposes of the appeal, the wife conceded that at all relevant times she knew or should have known of her husband's proclivities or propensities. The summary judgment record also showed that she knew the girls visited nearly every day, spent substantial time alone with her husband, and that she never confronted him about that unsupervised contact.

Issue

Does a spouse who suspects or should suspect that her husband is actually abusing or is likely to sexually abuse neighbors' children owe a duty of care to take steps to prevent or warn of that abuse? If such a duty exists, can breach of that duty be a proximate cause of the injuries resulting from the husband's sexual abuse?

Rule

When a spouse has actual knowledge or special reason to know of the likelihood that his or her spouse will engage in sexually abusive behavior against a particular person or persons, that spouse has a duty of care to take reasonable steps to prevent or warn of the harm. Breach of that duty may constitute a proximate cause of the resultant injury. The child-abuse reporting statute does not create independent civil liability or negligence per se here, but violation of it may be evidence of negligence in appropriate circumstances.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Akron, Nina Patel knows that her husband, Owen Blake, previously molested two girls close to the age of 11. She also knows that 11-year-old Zoe Mercer from next door spends hours alone with him in the family workshop every weekend, yet Nina says nothing to Zoe, Zoe's parents, or anyone else. Owen later sexually abuses Zoe there.

If Zoe sues Nina for negligence, which is the strongest argument that Nina owed Zoe a duty of care?

Explanation. The majority recognized a limited duty when a spouse has actual knowledge or special reason to know of the likelihood that the other spouse will sexually abuse a particular person or identifiable class of persons. The duty is not automatic based on marriage or the home, does not require in loco parentis status, and does not require direct observation of the abuse itself.