NH: Church-child relationship not special

Berry v. Watchtower Bible and Tract Society of New York, 2003-779.  In this case, the Supreme Court of New Hampshire holds that the Jehovah’s Witnesses (and the individual congregation) are not liable for injuries from sexual abuse allegedly committed by an member of the church after his wife sought advise from the elders who (according to the complaint) told her to “* * *keep the matter within the organization of Jehovah’s Witnesses.”  (“Elders are lay people who do not have any formal religious training or education. They hold secular employment and are not compensated for their work as elders.”).  The court holds that 1) New Hampshire’s mandated reporting statute, RSA 169-C:29, does not create a private right of action; and 2) there existed no common law duty to take remedial action.  Over a dissent, the court notes that Restatement (Second) of Torts § 314A (1965), and its New Hampshire applications, don’t really create a “special” relationship that cause the church to owe a duty to the victims, as “Church attendance is not compulsory. There is no allegation that [the perpetrator's] alleged abusive acts took place on congregation property or during congregation-related activities. There is no allegation that the plaintiffs were under the custody or control of Watchtower or Wilton Congregation at any time.”