Negligence is a legal concept that refers to the failure to take proper care in doing something, resulting in damage or injury to another person. It involves a breach of duty that causes harm due to carelessness or lack of reasonable care. Here are some key points:
- Duty of Care: The person or entity must have owed a duty of care to the person harmed.
- Breach of Duty: There must be a failure to meet the standard of care expected in the given circumstances.
- Causation: The breach of duty must have directly caused harm or injury.
- Damages: The harm or injury must result in actual damages, such as physical injury, property damage, or financial loss.
Ways a Faith-Based Organization Can Be Held Liable for Negligence
- Vicarious Liability: A church can be held responsible for its employee’s negligence if the employee acted within the scope of their employment when the failure occurred.
- Negligent Selection: A church can be held liable if it knew or should have known that an employee was unfit for their position and hired them anyway.
- Negligent Retention: A church can be held liable if it knew or should have known that an employee was unfit for their position and kept them employed anyway.
- Negligent Supervision: A church can be held liable if it fails to adequately supervise its employees and the employee’s negligence harms another person.
Premises Liability and Foreseeability
Premises liability involves the responsibility of the property owner to ensure the safety of those on their premises. For churches, this means maintaining a safe environment for congregants and visitors. The concept of foreseeability is key; if a church could reasonably foresee a potential hazard or threat, it has a duty to take preventive measures.
OSHA General Duty Clause and Standard of Care
Under the OSHA General Duty Clause, employers, including churches, must provide a workplace free from recognized hazards that are likely to cause death or serious physical harm. This duty of care extends to ensuring the safety of employees and visitors, aligning with the broader standard of care required to prevent negligence.
Risk Management Practices
Churches and other religious institutions need risk management practices that include having written policies and procedures in place to help avoid a lawsuit. They also need a well-structured church insurance program to cover claims of negligence on behalf of the church. To mitigate risks and avoid lawsuits, churches and other religious institutions should implement comprehensive risk management practices. This includes:
- Having best practice written policies and procedures in place.
- Conducting regular safety audits and training.
- Establishing a well-structured church insurance program to cover claims of negligence.
By adhering to these practices, churches can better protect their members, employees, and visitors, while also minimizing their legal liabilities. For more information, go to my website Shop – Kearnan Consulting Group, LLC for practical and affordable solutions.
Sources: Legal Information Institute : Justia – Vicarious Liability : FindLaw – Negligent Hiring and Retention : American Bar Association – Negligent Supervision : Nolo – Defamation Law : EEOC – Employment Discrimination : Nolo – Premises Liability : SEC – Securities Law Violations : Copyright.gov – Copyright Law : OSHA – General Duty Clause : Legal Information Institute – Standard of Care : Church Law & Tax – Risk Management : FEMA – Emergency Operations Plans : Insurance Journal – Church Insurance
