Recent Developments

Issues that affect ministers and churches
Injuries Occurring on Church Premises During Use by Outside Groups
An Indiana court makes an important ruling.

Can a church be legally responsible for an injury occurring on its premises while being used by an outside group? Yes, concluded an Indiana appeals court in an important ruling. Many churches permit outside organizations to utilize their facilities on a short-term basis. Common examples include scouting organizations, and aerobics and craft classes. In the Indiana case, a Catholic church permitted a local community group to use its facilities for an annual one-day celebration. The event was advertised in the church bulletin, and included a religious ceremony. After the ceremony, guests were ushered into another room for a reception where refreshments were served. While refreshments were being served, volunteers disassembled the tables and chairs in the room where the ceremony occurred. Although the guests were asked to proceed to the reception immediately following the ceremony, a few guests remained behind to socialize. As one of these guests proceeded to the reception area a few minutes later, she tripped and fell over some of the disassembled tables. She later sued the church. The church claimed that it was not responsible for the guest's injuries since it had not retained any control over its facilities while they were being used by the community group for its celebration. The church also pointed out that the group was permitted to use the facilities without charge, that it was responsible for cleaning up the facilities following its activities, and that the church did not retain any control over the facilities during the celebration. A trial court refused to dismiss the lawsuit against the church, and the church appealed. The appeals court noted that "the church is correct in observing that control of the premises is the basis of premises liability." However, the court concluded that there was ample evidence of control by the church. It observed:

Log In For Full Access

Interested in becoming a member? Learn more.

Posted: May 1, 1992
View All
from our store
Managing Church Facility Use

Managing Church Facility Use

Find insights to equip your church to host members and strangers.
Pastor, Church & Law, Fifth Edition

Pastor, Church & Law, Fifth Edition

Learn which local, state, and federal laws apply to religious organizations.
Managing the Legal Risks of Lay Counseling

Managing the Legal Risks of Lay Counseling

Develop specific policies and procedures that protect your church, lay caregivers, and those who receive care.
Church Issues: Waivers and Release Forms and Church Liability

Church Issues: Waivers and Release Forms and Church Liability

What these documents do—and don't do—based on statutes and court decisions made nationwide.

ChurchSalary

ChurchSalary

Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.