Jump directly to the Content

Member Barred from Suing Charity

Man had suffered injuries on the premises of the unincorporated charity.

Key point. The members of an unincorporated organization ordinarily cannot sue the organization for injuries they sustain on its premises or during its activities.

An Indiana court ruled that a member of an unincorporated charity was barred from suing the charity for injuries that he suffered on its premises. The member was injured while diving in a lake on the charity's premises. He sued the charity to recover damages for his injuries, claiming that his injuries were due to the charity's negligence. A state appeals court ruled that the member was barred from suing the charity on the basis of the general rule that members of unincorporated associations cannot sue their association. The court referred to an earlier Indiana Supreme Court case that explained the rationale for this rule:

The theory of the general rule is that the members of an unincorporated association are engaged in a ...

Join now to access this member-only content

Become a Member

Already a member? for full access.

Related Topics:
Posted:
  • March 3, 1997

Related ResourcesVisit Store

Your Complete Guide to Virtual Church Meetings
Your Complete Guide to Virtual Church Meetings
A toolkit for legal and compliant business meetings
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.
Understanding Church Insurance
Understanding Church Insurance
Understand your church's insurance needs to be assured you have adequate coverage.
2021 Church & Clergy Tax Guide (Book)
2021 Church & Clergy Tax Guide (Book)
The most comprehensive and authoritative tax guide available.