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Church Held Liable for Child's Day Care Injury

A church may be held liable for a child's injuries despite a lack of evidence of how they occurred.

Key Point 10-11. A church may be legally responsible on the basis of negligent supervision for injuries resulting from a failure to exercise adequate supervision of its programs and activities.

The Mississippi Supreme Court ruled that a church could be liable for a serious injury sustained by a two year old child while in the custody of a church-operated day care center, though the exact cause of the accident was uncertain since no adult witnessed it. A two-year-old child (the "victim") sustained a significant laceration to her face, from her cheek down to her jaw, while in the custody of a church day care center. The injury resulted in multiple reconstructive surgeries and left the child with a permanent scar. The exact circumstances under which the victim was injured are unclear, as no adult witnessed the accident.

One of the day-care workers stated in a deposition that she was talking with ...

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  • September 1, 2009