Top 7 Reasons to Sue a Church

There are many reasons to sue a church or other religious organization. Here we explain church liability and how to get fair compensation.

For many, churches are comforting places, and church-related activities are fun and inspiring. Unfortunately, accidents can happen anywhere, even in churches. Injuries can happen on church property, at church-sponsored events, or through the fault of a church employee or volunteer.

Protestant and Catholic churches, synagogues, mosques, temples, and other houses of worship aren’t immune from lawsuits. To protect themselves from injury claims, most religious organizations carry liability insurance.

If you’ve been injured due to the negligence of a religious organization, you have the right to sue the church for your damages.

1. Slip and Falls on Church Property

Most injuries in any location open to the public are the result of a slip and fall. Older people are particularly at risk for serious injuries from slips and falls. Slippery or uneven flooring, narrow stairs, lack of safety railings, and icy walkways are a few causes of slip and fall accidents.

Case Example: Jury Awards $1 Million for Church Funeral Trip and Fall

Glenora King suffered a broken hip after tripping and falling over a chair during a church funeral. The crowded church was well over the capacity set by local fire and safety laws. After falling over a chair that was in the aisle, Ms. King was left with a permanent limp.

The Connecticut jury ordered the church to pay Ms. King $51,000 in economic damages and $953,424 for her non-economic damages, including emotional distress.

2. Motor Vehicle Accidents

Vans, buses, and other vehicles transport church members to worship services, and church-related activities. When the driver of a church-owned vehicle is at fault for an accident, the church may be liable for your injuries.

You’re eligible if you were a passenger in the church vehicle or an occupant of the other car involved in the crash. Most church vehicles are covered by separate commercial auto insurance policies that meet the minimum standards of liability coverage for that state.

You may also be able to seek compensation from the at-fault driver’s personal auto insurance policy.

3. Church Board or Administrative Decision

Church leaders and board members may be sued for funding decisions, failing to enforce procedures meant to protect others from harm, hiring decisions, misappropriation of funds meant for charitable use, and more.

The First Amendment protects your right to participate in any religion and obey your church laws. Still, you may have a right of action under your state’s tort laws to seek compensation from your church for damages caused by negligence.

4. Pastoral Counseling

Not all spiritual counselors are qualified mental health experts. If you’ve been harmed by the negligent acts or malpractice of a pastoral counselor, you may be eligible for compensation for your damages.

Case Example: Church Counselors Owed a Duty of Care

After 24-year-old Kenneth Nally committed suicide, his parents filed a wrongful death lawsuit against Grace Community Church of the Valley, and four of the Church pastors.

The parents alleged that the church counselors owed Kenneth a duty of care to provide adequate counseling, and breached their duty of care, resulting in their son’s death by suicide.

The California Supreme Court found that the church’s “non-therapist” spiritual counselors do owe a duty of care to the people they counsel. However, the Court ruled that the pastors did not breach their duty of care in this case. The church was found not liable for Kenneth’s death.

5. Harmful Volunteer Behavior

Volunteers are representatives of the religious institution they serve. Volunteers interact with members and the public, often by preparing food, visiting sick persons, transporting members to special events, organizing fund drives, and handling money.

A church may be responsible for the harm caused by volunteers acting on behalf of the church.

6. Sexual Misconduct

Any organization that works with children and other vulnerable people has the potential to be accused of sexual abuse. Clergy and religious workers have a legal and moral obligation to protect those entrusted to their care.

Sexual abuse is a heinous crime, particularly when children are involved. Religious organizations have a duty to screen potential clerics, employees, and volunteers who may be in contact with children.

Accusations against a priest or any other member of the church must be communicated to local law enforcement. Abusers are subject to criminal prosecution. In addition, abuse victims have the right to seek civil compensation for their physical and emotional pain and suffering.

Case Example: Multiple Lawsuits Against NewSpring Church 

Multiple lawsuits have been filed against NewSpring Church alleging negligence in hiring and monitoring employees and volunteers. The lawsuits are in connection with the sexual abuse of at least ten children by Sunday School teacher Jacop Hazlett.

The suit alleges the mega-church failed to investigate the background of Hazlett before he was hired as a Sunday School teacher for pre-school-aged children. The church should have known he was fired by two previous employers for his questionable behavior with young children.

The lawsuit also alleges the church was negligent for failing to monitor surveillance camera footage that showed numerous incidents of Hazlett sexually molesting 3 and 4-year-old boys in his classroom while the parents were attending church services.

7. Criminal Activities at Church

Criminals often prey on weak or elderly victims in parking lots. Does your place of worship have lights or other security measures to help visitors get safely to their cars?

If you’ve been robbed or mugged in a church parking lot, you may be eligible to seek compensation from the church’s insurance company. You may also qualify for state-funded crime victim compensation funds.

When to Get a Lawyer to Handle Your Case

You probably won’t need an attorney for minor injuries like bumps, bruises, or simple sprains. If you’ve fully recovered after a slip and fall or a low-impact car accident, you can likely negotiate your settlement directly with the insurance company.

Calculate your compensation amount by totaling the cost of your medical bills, out-of-pocket expenses, and lost wages. Add one or two times that amount for pain and suffering. Then send a written demand along with copies of all your bills, wage statement, photographs, and other evidence.

When you’ve suffered serious injuries from an accident on church property or due to the negligence of church officials, you’ll need a skilled personal injury attorney to handle the claim for you.

Some types of severe injury claims may not be covered by insurance. Your only hope of fair compensation may be filing a civil lawsuit against the religious organization or clergy member responsible for your physical or psychological damages.

Hire an experienced attorney for church-related legal issues such as:

  • Severe physical or psychological injuries
  • Sexual abuse by church members or staff
  • Church misuse of funds
  • Abusive or harmful pastoral counseling

Don’t give up on your injury claim. Churches are held to the same legal standards as any other organization. Most law firms offer a free consultation to injured victims or their loved ones. It costs nothing to find out what a personal injury attorney can do for you.

Questions about Suing a Church