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A Church Could Be Liable for Negligent Hiring and Supervision

Negligent supervision claims are not premised on notice of a worker’s misconduct or the potential for it. Liability is based on a duty to supervise that . . . exists independently of what was known or should have been known about the worker himself.

Last Reviewed: March 22, 2021

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 10-09.1. Some courts have found churches liable on the basis of negligent supervision for a worker’s acts of child molestation on the ground that the church failed to exercise reasonable care in the supervision of the victim or of its own programs and activities.

An Illinois appeals court reversed a trial court’s dismissal of a lawsuit claiming that a church was liable on the basis of negligent hiring and negligent supervision ...

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Posted:
  • March 1, 2019
  • Last Reviewed: March 22, 2021

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