Transport Organizations May Be Liable for Assaults by Passengers Against Other Passengers

• Key point: An organization that transports children may be responsible for a sexual assault by one minor against another, if the organization was aware of prior behavior by some minors suggesting a propensity for such an assault.

• In a case that will be relevant to any church that transports children by bus or other motor vehicle, an Illinois court ruled that a bus company that transported children to public schools could be sued for the rape of a minor by another minor after the two exited a school bus. The victim was raped by another student after the two exited a school bus and entered school property. The victim argued that the bus company had been negligent in failing to escort her into the building or to observe the students until they were safely in the building. The victim also maintained that the bus company was aware of the dangerous propensities of some of the students ...