See what it takes to bring a civil lawsuit against negligent church leaders. You can sue a religious institution that harmed you or your loved one.
If you are physically injured because of a church’s negligence, you may have grounds for a civil lawsuit under your state’s tort (injury) laws.
Filing a personal injury case against a church, temple, synagogue, or mosque requires proving that the religious institution, a member of the clergy, or a church worker caused your injuries and is therefore liable.
Proving the Church is Responsible
Just like owners of any other property, religious institutions have a duty of care to protect worshipers and guests from harm. If church management fails to take reasonable steps to prevent or correct a dangerous situation, the church is then liable, meaning responsible for the injured person’s damages.
This doesn’t mean churches are liable for every injury that happens. It means the church has a duty to protect visitors from accidents that are foreseeable events.
Example: Slip and Fall on Snowy Walkway
A predicted storm dropped three inches of snow during the night, but Sunday morning dawned clear, bright, and cold. Emma Jones never missed the 10:00 service. Unfortunately, no one shoveled the church walkway that morning. Ms. Jones slipped and fell on the slippery walk, breaking her wrist and ruining her winter coat.
Because management should have foreseen the walk would be snow-covered and slippery, and neglected to clear the walk, the church is liable for Ms. Jones’ damages.
Slippery sidewalks and parking lots after a snowstorm are foreseeable events. It’s up to property owners to take reasonable steps to prevent accidents. Failing to shovel the snow before a scheduled event is negligence. When negligence leads to injuries, the property owner is almost always liable.
Now if Ms. Jones was walking through the sanctuary and tripped over a running dog, the church may not be liable for her broken wrist. Church management could not have foreseen a running dog crashing into Ms. Jones’ legs.
Example: Church Not Liable for DUI
A trusted church employee was to drive members to a local bake sale. The church thoroughly investigated the driver before he was hired. His driving record was clean, and he had no arrest record or criminal history.
On the day of the bake sale, the driver was drinking heavily before picking up the church members. With a van load of church ladies, the driver veered off the road, crashing into a tree. Several church members were seriously injured, and one died from her injuries. The driver’s blood alcohol level was found to be more than twice the legal limit.
The auto insurance company covering the church van paid the policy limits to the victims. However, the family of the deceased church member filed a wrongful death lawsuit against the church.
The court found the church was not liable for the accident victim’s death. The church had taken reasonable steps to ensure they hired a safe driver, and since the church had no way of knowing about the driver’s intoxication, it was unforeseeable.
To prove a church is liable for your injuries, you’ll need to show:
- A hazardous condition caused your injuries.
- Church management knew or should have foreseen the hazardous condition.
- Church management failed to prevent or correct the hazardous condition.
- The hazardous condition was the direct cause of your injuries.
- You suffered real, verified injuries.
You can prove the church is responsible for your injuries by collecting good evidence in support of your claim.
Gather Evidence of Church Negligence
If you’re injured on the premises of a church, synagogue, or other house of worship, or by other church-related negligence, you may have a right to compensation for your damages.
Most religious organizations carry liability insurance, but the insurance company won’t just write you a check. You’ll need to prove the church is at fault for your injuries. Begin building a strong case as soon as you’re injured.
1. Report the Injury
When you’re injured, tell someone. Don’t feel embarrassed, and whatever you do, don’t leave. Your pastor might be sympathetic, but the insurance company will have a hard time believing your claim if you wait hours or days to report the injury.
If you’re in a church building, there should be someone in attendance, even if it’s not the time for regular services. Ask the person to contact the pastor or administrator. If you think you may be seriously injured, ask the person to call 911.
If you are injured on the property outside of normal hours, such as while visiting the cemetery, seek medical help first. Be sure to tell your medical provider exactly when, where, and how you were injured.
If the pastor resides on the property, you may be able to get help at the parsonage or rectory. Otherwise, you or a family member can contact the church office later to report the accident.
Never refuse or delay medical treatment for your injuries. The insurance company won’t accept an injury claim without medical proof of your injuries.
2. Get Witness Statements
Eyewitnesses are very strong links in proving negligence and proximate cause. Family and friends make good witnesses, but independent eyewitnesses are better. Independent witness testimony carries more weight with the insurance adjuster. An independent witness has no personal or financial stake in your claim.
Let’s say you’re a volunteer delivering hot meals to the home-bound. While loading the meals into your car, you slipped and fell on some ice in the church parking lot. A passerby helped you up and noticed blood on your face and hands.
A written statement from that witness will directly link your fall to your injury. The statement could confirm where you fell, the day and time, the reason you fell, and the type of injury you suffered.
If a witness, whether an independent person, a family member or friend, should see you get injured, ask them to write down what they saw, and sign and date the statement.
3. Take Pictures and Video
Photographs and videos are excellent ways to document your injury and the reason for it. For example, if you tripped and fell on torn carpeting, make sure to capture close-ups of the tear in the carpet and take pictures of the entire area. You can’t have too many detailed images.
4. Verify Your Damages
Copies of your medical records and bills, therapy bills, and receipts for your out-of-pocket expenses are all proof of the type and amount of your damages. Get copies of everything you spent money on related to the injuriy.
If you missed work, ask your employer to provide verification of lost income, including overtime and sick leave.
Filing an Injury Claim or Lawsuit
If you have fully recovered from minor injuries and didn’t miss much work, it won’t be necessary to take legal action. You may decide to handle your own claim directly with the insurance company. You have the right to seek legal advice at any point in your settlement talks with the adjuster.
Calculate your claim’s settlement value by adding up the full cost of your medical bills, out-of-pocket medical expenses, and lost wages. Add one or two times that amount to account for your pain and suffering.
Send a written demand for compensation to the insurance adjuster with copies of your bills, wage verification, and relevant evidence. After one or two rounds of negotiations, you should reach a satisfactory settlement.
Serious Injuries or Allegations of Abuse
Talk to a personal injury lawyer for serious injury claims. Insurance companies are reluctant to pay high-dollar claims, even when the insured is a religious institution. The adjuster is more likely to make a fair settlement offer when a licensed attorney is negotiating on your behalf.
You’ll need an experienced attorney to handle complex legal issues like pastoral counseling malpractice, injuries caused by non-church members on church property, or food poisoning at church functions.
Allegations of sexual assault, sexual misconduct, or sexual abuse of a child by a clergy member or at a place of worship must be handled carefully, to protect the legal rights and privacy of the victim.
Child abuse must be reported to civil law enforcement authorities. After a police investigation, the at-fault person may face criminal charges as well as a civil court lawsuit from the victim.
Most law firms offer free consultations to injured victims or their loved ones. Learn more about your rights under local law. Most injury attorneys will agree to work on a contingency fee basis, meaning their fees aren’t paid unless they settle your claim or win your lawsuit at trial.