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Pastor, Church & LawMember access only

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

Defenses to Premises Liability

§ 7.20.02
Key point 7-20.02. A variety of defenses are available to a church that is sued as a result of an injury occurring on its premises.

Churches have been found innocent of wrongdoing in several cases regardless of the status of the person injured on their property because the condition or activity that caused the injury could not under any circumstances serve as a basis for legal liability. For example, the courts have held that a church is under no duty to illuminate its parking lot when no church activities are in process;[257] Huselton v. Underhill, 28 Cal. Rptr. 822 (1963). to remove oil and grease from its parking lot;[258] Goard v. Branscom, 189 S.E.2d 667 (N.C. 1972), cert. denied, 191 S.E.2d 354 (N.C. 1972). to place markings on a sliding glass door;[259] Sullivan v. Birmingham Fire Insurance Co., 185 So.2d 336 (La. 1966), cert. denied, 186 So.2d 632 (La. 1966). to begin removing snow ...

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