Parker & McConkie has filed a civil lawsuit against Burger King on behalf of a Boise family whose 4-year-old daughter was sexually assaulted by a stranger inside the restaurant's indoor play place in October 2024 (Case No. 10177743 ). The man who assaulted the child pleaded guilty to lewd conduct with a minor and was sentenced last year to 45 years in prison. The judge who handed down the sentence called the conduct “completely brazen” and “shocking.”
The lawsuit alleges Burger King failed to provide reasonable security and supervision in an area of the restaurant marketed and built for young children, and that the company had no real policies or procedures in place to protect the kids using it. Idaho and courts nationwide recognize that a business owner owes invitees — particularly children — a duty of reasonable care to protect against the foreseeable criminal acts of third parties. Restatement (Second) of Torts § 344 (possessor of land held open to the public owes business invitees a duty of reasonable care to protect them from the intentional or criminal acts of third persons where the possessor knows or has reason to know such acts are occurring or are likely to occur); L.A.C. ex rel. D.C. v. Ward Parkway Shopping Center Co., 75 S.W.3d 247 (Mo. 2002); Wallace v. Boys Club of Albany, Ga., Inc., 211 Ga. App. 534, 439 S.E.2d 746 (Ga. Ct. App. 1993) (criminal acts against unsupervised children are foreseeable as a matter of law, without proof of prior similar incidents).
Incidents like this are easily prevented with basic safeguards like keeping adults separate from children, providing real supervision, and making sure an employee is constantly monitoring the play area during business hours. The lawsuit alleges Burger King profits from the families it invites in with these play areas while failing to take the simple steps needed to keep their children safe.
“A four-year-old should be able to play at a Burger King without being sexually assaulted by a stranger,” said Brian C. Stewart, the Parker & McConkie attorney representing the family. “This family is holding Burger King accountable for the security failures that let this happen, and they're doing it so the company actually changes how it protects kids in these play areas, not just for their daughter, but for every child who walks into one of these restaurants.”
The victim’s family, who wish to remain anonymous to protect their daughter’s privacy, shared the following statement:
“No parent should have to explain to their four-year-old why this happened to her. We're doing this because accountability is the only thing that leads to change, and we don't want another family to go through what ours has. If speaking up means one more child is protected, it's worth it.”
Additional case information and resources, including photos, video, and pleadings, may be found here.
For media inquiries or requests for more information, please contact Michael Knauff, Publicist at Otter PR, at [email protected] or visit parkerandmcconkie.com.
About Parker & McConkie
Parker & McConkie is an Idaho, Utah, and western states-based personal injury and civil rights law firm dedicated to representing individuals and families in high-stakes litigation. The firm has handled matters of national significance, including those involving Gabby Petito (Case No. 220700046) and Afa Ah Loo (Case No. 251915142).
With decades of experience advocating for clients' rights, the firm has a long-standing commitment to accountability, justice, and systemic improvements in law and public policy.