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Liability for Asbestos Exposure on Church Property

Church not responsible for potential future asbestos-related health problems.

Key point: A church cannot be responsible for a child's alleged increased risk of developing asbestos-related health problems associated with exposure to asbestos during church activities without observable physical problems associated with such exposure.

• A Kentucky court dismissed a lawsuit brought by parents against a church alleging that their children had an increased risk of cancer and other diseases as a result of their exposure to asbestos in church. The parents had 2 children who attended preschool, kindergarten, and church activities at their church. The parents sued their church seeking money damages (including punitive damages) for the church's "negligent infliction of mental distress." They claimed that the church negligently caused them to suffer "mental distress" as a result of their children's exposure to asbestos on church property. In dismissing this claim the ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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Posted:
  • January 2, 1995

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