Risk Management Key point 10-13.03. Churches can reduce the risk of liability based on breach of fiduciary
Other Defenses Key point 10-16.08. Churches have various defenses available to them if they are sued as
Punitive Damages Key point 10-17.01. Punitive damages are monetary damages awarded by a jury “in addition to
Duplicate Verdicts Key point 10-17.02. Juries generally cannot assess monetary damages against two or more organizations for
Court Decisions Recognizing Vicarious Liability Key point 10-18.01. Some courts have found denominational agencies liable for the acts of affiliated
Court Decisions Rejecting Vicarious Liability Key point 10-18.02. Most courts have refused to hold denominational agencies liable for the acts
Defenses to Liability Key point 10-18.03. There are several legal defenses available to a denominational agency that is
Risk Management Key point 10-18.04. Denominational agencies can reduce the risk of liability for the acts and
The Requirement of Employee Status Key point 10-02.01. Employers may be liable on the basis of respondeat superior only for
Negligent Conduct The doctrine of respondeat superior imputes an employee’s negligence to his or her employer. The
Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Adult Victims Key point 10-05. A church may be liable on the basis of negligent selection for
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Adult Victims Many of the cases in which churches have been sued for negligent supervision involve incidents
Negligent Supervision of Church Workers—Other Cases Key point 10-11. A church may be legally responsible on the basis of negligent supervision
Breach of a Fiduciary Duty In recent years, some courts have ruled that certain “special relationships” are “fiduciary” in nature
Ratification Key point 10-14. Churches may be liable on the basis of “ratification” for the unauthorized
Denominational Liability—In General There exist a plethora of national, regional, state, and local agencies of national and international
Risks Associated with Cell Phones Key point 10.19. There are several legal risks associated with the use of cell phones
Risks Associated with the Use of 15-Passenger Vans Key point. Many churches own 15-passenger vans, and most use them exclusively to transport children
Negligent Selection of Church Workers—Other Cases Key point 10-06. A church may be legally responsible on the basis of negligent selection