• Can a church be sued for injuries sustained by a child while on a “carnival ride” at a church fund-raising event? That was the issue before a Michigan state appeals court. The church conducted an annual “Applefest” which involved a number of rides and games designed to raise funds. A young girl was injured while on one of the rides that was owned and operated by an outside company. The girl’s parents sued the church as well as the ride operator, and the church sought to avoid liability by claiming that “the ride was neither owned, operated, maintained, nor repaired by the church.” The court agreed that the ride was owned and operated by an outside company, but it concluded that this did not relieve the church of responsibility for the girl’s injuries. The court observed: “[When a landowner] employs independent contractors to provide entertainment … or food or other conveniences … [the landowner] has a duty to exercise reasonable care to see that the equipment, methods and activities of the concessionaire involve no unreasonable risk of physical harm to those whom he invites to enter.” It makes no difference that the landowner retains no control over the activity. The landowner (in this case the church) “must exercise reasonable care for the protection of the business invitee by supervising the activity of a contractor or concessionaire, including the installation and operation of their instrumentalities.” Further, this duty “cannot be delegated.” The court observed, however, that if the church conferred a duty of reasonable care upon the ride owner and operator by a contract provision, then the church “might be entitled to indemnification” from that person. In other words, the church would still be liable to the injured victim, but could sue the ride owner and operator for its failure to adequately maintain or supervise the ride. Many churches and church schools conduct fund-raisers that utilize carnival-type rides. This case provides a warning to these churches and schools that they cannot assume that they will not be liable for injuries occurring to participants. Churches and schools utilizing such activities should (1) monitor the rides to ensure that they are being operated safely, and (2) impose a duty of reasonable care upon the ride owner and operator by a contract provision. Kendzorek v. Guardian Angel Catholic Parish, 444 N.W.2d 213 (Mich. App. 1989).

© Copyright 1990, 1998 by Church Law & Tax Report. All rights reserved. This publication is designed to provide accurate and authoritative information in regard to the subject matter covered. It is provided with the understanding that the publisher is not engaged in rendering legal, accounting, or other professional service. If legal advice or other expert assistance is required, the services of a competent professional person should be sought. Church Law & Tax Report, PO Box 1098, Matthews, NC 28106. Reference Code: m58 m86 c0290