Church Found Not Liable for Serious Injuries to an HVAC Worker

Key point 10-01. 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 is that negligence need not be intentional. It includes conduct that is simply careless, heedless, or inadvertent. A person who kills a pedestrian while texting on a cellphone did not intend to kill the victim, but nonetheless may be liable for monetary damages in a civil lawsuit based on negligence.

An Arizona court ruled that a church was not liable for serious injuries sustained by a worker employed by an HVAC company performing maintenance work at the church.

Background

A church contracted with a heating and cooling business (the “company”) for regular service and maintenance of its HVAC system. In March 2018, the company began upgrading the system as a charitable contribution. The parties ...