Court Decisions Rejecting Fiduciary Duty Claims Key point 10-13.02. Several courts have refused to hold churches and denominational agencies liable on
Risk Management Key point 10-13.03. Churches can reduce the risk of liability based on breach of fiduciary
Charitable Immunity Key point 10-16.05. The legal liability of churches and their officers, directors, and volunteers, is
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
Counseling—In General Key point 10-12. Churches face a number of legal risks when they offer counseling services
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
Negligent Selection of Church Workers—Other Cases Key point 10-06. A church may be legally responsible on the basis of negligent selection
Negligent Retention of Church Workers—In General Key point 10-07. A church may exercise reasonable care in selecting ministers or other church
Negligent Supervision of Church Workers—In General Tip. A number of courts, in addressing the question of whether clergy are employees or
Negligent Supervision of Church Workers—Sexual Misconduct Cases Involving Minor Victims Many of the cases in which churches have been sued for negligent supervision involve incidents
Vicarious Liability (Respondeat Superior) Richard R. Hammar, J.D., LL.M., CPA Key point 10-02. The doctrine of respondeat superior imposes
Negligent Selection of Church Workers—In General One of the most significant legal risks facing churches is negligent selection. The term negligence
Negligent Selection of Church Workers—Sexual Misconduct Cases Involving Minor Victims Resource. For comprehensive training for church leaders, staff, and volunteers, see R. Hammar, Reducing the
Negligence as a Basis for Liability—In General Key point 10-01. Negligence is conduct that creates an unreasonable risk of foreseeable harm to