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The precise nature of the duty will vary with the nature of the activity and the relationship of the camper and camp staff to it.
This relationship can be characterized as one that is both custodial (the camp has essentially full control of the child) and fiduciary (families trust a camp to take care of their children), oftentimes forming the basis for the duty owed.
In addition, BSA had compiled statistics showing that their efforts to mitigate sexual abuse had helped decrease the problems within BSA.
Another example might be liability based upon the camp’s ownership of the premises, depending upon the facts of the case and the law in the particular jurisdiction. Note that while most people think about the risk of staff-to-camper claims of sexual abuse, other types of abuse are a risk as well.Whether a duty ultimately exists in a given situation — and the nature and scope of that duty — is determined by a court, as a matter of law.Importantly, the nature and scope of a duty can be influenced by a variety of factors, including applicable laws, a camp’s internal policies or express representations, and standards or practices in the industry.This article does not include a discussion of matters of criminal liability.Generally, the legal duty of care owed by a camp to its camp families is to exercise reasonable care to protect the camper from unreasonable risks of harm.
However, the court found that BSA had a duty to take appropriate measures to protect scouts from sexual molestation by volunteers.