TortsProf Blog

Editor: Christopher J. Robinette
Widener Commonwealth Law School

Thursday, March 2, 2017

NY: Treatment Facility Not Liable for Assault by Former Resident

Last month, the New York Court of Appeals ruled that a substance abuse treatment facility was not responsible for an assault perpetrated by one of its former residents, shortly after he left the facility:

According to the court’s written opinion, penned by Justice Sheila Abdus-Salaam, the appellate court found that “JCAP had some control or authority over its residents while they remained participants of the program. But JCAP residents could leave the facility and terminate their participation in the program against medical advice… In the absence of the authority to prevent a participant from leaving, it follows that, when a participant is discharged from JCAP for violating facility rules, or withdraws from the program, he or she is no longer under the facility’s control.”

Legal NewsLine has the story.

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