Out of Control

Q: My mother and I were flown to New York by a TV show that features ‘out of control’ teenagers.  We were transported, by limousine, to a hotel and provided a room.

The next day, I was taken to an area under the exclusive control of the show, where I watched as other guests were filmed.  I was approached by an individual who represented himself as the host’s limo driver.  He complimented me, solicited my phone number, and offered to show me around town.

Later that night, the driver called me a number of times.  My mother turned him away.  I managed to sneak out of the hotel room.  He picked me up in a limousine and took me to a dark, secluded area.

A: You were no longer in the show’s custody at the time of the assault, the taping having ended hours earlier.  You had been released directly into the custody and supervision of your mother, into a situation which was not foreseeably hazardous and which presented no immediate risk to your safety.  You were not on the show’s property and had not been encouraged by the show to rendezvous with this dastardly perpetrator.

I am afraid the courts will hold that the incident which sadly befell you falls does not within the show’s orbit of duty.  The show was not presently undertaking to ensure that you were cared for and supervised.  It was not assuming a duty to see to your safety and well being, acting in loco parentis.

By: Scott Baron, 
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

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