The below cases demonstrate the various ways in which churches can be held liable for negligence, premises liability, and failure to provide adequate security. They also emphasize the importance of implementing comprehensive risk management practices and adhering to the OSHA General Duty Clause to ensure the safety of congregants and visitors.
- Smith v. Integrity Church:
- Incident: Sarah Smith filed a lawsuit against Integrity Church after she slipped and fell on a wet floor near the entrance.
- Outcome: The court determined that the church had breached its duty of care by failing to place warning signs or promptly address the hazardous condition.1
- First Baptist Church of Sutherland Springs:
- Incident: Following the tragic mass shooting in 2017, victims’ families sued the church, alleging inadequate security measures to protect its congregation.
- Outcome: The case highlighted issues of premises liability and foreseeability, emphasizing the church’s duty to provide a safe environment.2
- West Freeway Church of Christ:
- Incident: In 2019, a shooting occurred during a service, leading to lawsuits against the church for not having sufficient security protocols in place.
- Outcome: The case underscored the importance of implementing comprehensive security measures to prevent foreseeable threats.
- Charleston Church Shooting:
- Incident: The families of the victims of the 2015 shooting at Emanuel African Methodist Episcopal Church sued the church, claiming it did not take necessary steps to protect its members despite previous threats.
- Outcome: The case focused on the church’s duty of care and the foreseeability of violent acts.
- St. Alphonsus Catholic Church:
- Incident: In 2018, a lawsuit was filed against the church after a parishioner was attacked in the parking lot. The plaintiff argued that the church failed to provide adequate security measures despite previous incidents in the area.
- Outcome: The case highlighted the church’s responsibility to ensure the safety of its premises and the importance of addressing known risks3.
In an increasingly complex world, faith-based organizations must recognize the foreseeability of risks, including natural disasters, health crises, and security threats. Failing to prepare for these risks exposes the organization to significant legal and financial liabilities. Without a written safety response plan, the organization may be seen as deliberately indifferent to the well-being of its congregants and staff, which can lead to the denial of insurance claims and increased exposure to civil lawsuits for negligence. In the event of an incident, the absence of a documented plan could be interpreted as a failure to meet the standard of care expected, making the organization vulnerable to costly legal actions.
Investing in a robust safety response plan today is not just a matter of prudent stewardship; it is essential for protecting the organization’s mission, assets, and the people it serves from foreseeable risks and potential legal repercussions. Visit our website Shop – Kearnan Consulting Group, LLC for expert guidance, resources, and strategies to protect your church and community today.
Sources
1 Can A Church Be Sued For Negligence (churchpropertyinsurance.com)
2 Church Law Center The Top 5 Reasons Churches Get Sued – Church Law Center
3 Bragg v. Christ’s Church of the Valley, Inc. (Ariz. Super. Ct. 2018).
