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Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Court Decisions Recognizing Negligent Selection Claims

Volume 4 . Chapter 10 . § 10-04.1
Key point 10-04.1. Some courts have found churches liable on the basis of negligent selection for the molestation of a minor by a church worker if the church failed to exercise reasonable care in the selection of the worker.

This section reviews court decisions in which a church or other religious organization was found liable on the basis of negligent selection for a worker's acts of child molestation. Several of the leading cases are summarized below.

Case Studies

• The Alaska Supreme Court ruled that a church could be legally responsible for the alleged sexual abuse of a 3-year-old child that occurred in a church nursery. The court concluded that the church could be responsible on the basis of "negligent hiring" since it did not exercise ...

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