Pastor, Church & Law
Negligence as a Basis for Liability
Negligence is conduct that creates an unreasonable risk of foreseeable harm to the person or property of another, and which results in the foreseeable harm. The important point to recognize is that negligence need not be intentional. For example, negligence may include conduct that is simply careless, heedless, or inadvertent.
Churches can be liable on the basis of negligence in a number of ways. First, they can be liable for their own negligence. Examples here include the negligent selection or negligent retention of church workers, or the negligent supervision of church activities. To illustrate, a church may be guilty of negligent selection if it hires a convicted child molester or uses a driver with numerous traffic violations. A church ...
Copyright © 2008 by Christianity Today. All rights reserved. No part of this publication may be reproduced, stored in a retrieval system, or transmitted, in any form or by any means, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission of the publisher, except by a reviewer who may quote brief passages in a review.
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.