Jump directly to the content

Pastor, Church & Law

written by Richard R. Hammar, J.D., LL.M., CPA

Legal Briefs

Volume 4 . Chapter 10

Churches are exposed to legal liability as a result of a number of acts and omissions, many of which have been addressed in previous chapters. This chapter addresses church liability based on four types of negligence—vicarious liability for the negligence of employees; negligent selection; negligent retention; and negligent supervision, plus liability based on counseling, breach of fiduciary duty, ratification, and defamation.

Negligence refers to conduct that creates an unreasonable and foreseeable risk of harm to another's person or property, and that in fact results in the foreseeable harm. Churches can be liable on the basis of negligence in a variety of ways, four of which are addressed in this chapter. To illustrate, churches can ...

Article Preview

This article is currently available to ChurchLawAndTax.com subscribers only. To continue reading:

This content is designed to provide accurate and authoritative information in regard to the subject matter covered. It is sold 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. "From a Declaration of Principles jointly adopted by a Committee of the American Bar Association and a Committee of Publishers and Associations."

Due to the nature of the U.S. legal system, laws and regulations constantly change. The editors encourage readers to carefully search the site for all content related to the topic of interest and consult qualified local counsel to verify the status of specific statutes, laws, regulations, and precedential court holdings.



Experience a whole new way to set compensation. Eliminate the guesswork – get access to detailed compensation reports in just minutes.

Church IT

Church IT Member access only

Learn how to find the best solutions when choosing software and hardware for your church.
Planning a Church Building Project

Planning a Church Building Project Member access only

Learn about zoning laws, property sales, church construction, financing, and more.