Q: Can a member of a church be sued for an accident or injury that occurs on church property
Our church is trying to determine what kinds of incorporation and insurance we need
A: Yes. There are any number of situations where individuals and the church might have liability for an injury that occurs on church property. Cases of sexual assault are a classic example. Some churches were found labile for some sex assault cases where the churches knowingly placed predators in positions of power. Yet, other times cases were thrown out of court where sexual assaults occurred and the church had no knowledge of any bad behavior of the assailant, nor control of the assailant's activities. In both of those situations however the assailant would have been liable for injuries they caused.
The church should work with a commercial insurer that insures other religious organizations because they will know the best type of coverage for the church. I also recommend that anyone buying insurance get quotes from several companies because rates will vary greatly among different insurers.
Individuals usually have coverage for injuries they cause if the individuals carry auto insurance, homeowner's/renter's insurance, and umbrella coverage. Umbrella coverage is typically very inexpensive.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.