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Church Not Liable for Molestation

Court ruled church not liable for molestation of minor student by teacher on basis of negligent hiring

Key point 10-04. A church may be liable on the basis of negligent selection for a worker's molestation of a minor if the church was negligent in the selection of the worker. Negligence means a failure to exercise reasonable care, and so negligent selection refers to a failure to exercise reasonable care in the selection of the worker. Liability based on negligent selection may be imposed upon a church for the acts of employees and volunteers.
Key point 10-04.2. Some courts have found churches not liable on the basis of negligent selection for the molestation of a minor by a church worker since the church exercised reasonable care in the selection of the worker.

* A New York court ruled that a church was not liable on the basis of negligent hiring for the molestation of a minor student by a teacher. Prior to hiring the teacher the church contacted one of the three personal references listed ...

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Posted:
  • September 1, 2011

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