Disclaimer: This notebook and seminar does NOT constitute legal advice.

“Keep Your Church Out of Court” presents a summary of legal issues with a view towards real-world application. The seminar content is:

• Organized by key areas of law/litigation
• Presented as a two-hour overview of general church legal issues
• Arranged in eight sections:
  • Section 1 – Legal Summary
  • Section 2 – Reasons Churches Go to Court by Church Law & Tax
  • Section 3 – Abuse Prevention
  • Section 4 – Liability & Personal Injury Lawsuits
  • Section 5 – Insurance Coverage Disputes
  • Section 6 – Facilities, Weddings & Funerals
  • Section 7 – Constitution/Bylaws & Administration
  • Section 8 – Keeping Your Church Out of Court by Texas Baptists
    
    

Section 4 – Liability & Personal Injury Lawsuits

Lawsuits & Legal Maneuvers

• Accidents, mishaps and injuries on church property can result in personal injury lawsuits.
• What to Do When an Accident Occurs:
  • Administer first aid, call 9-1-1 and ensure the injured party receives quality care.
  • Ensure the comfort of the injured party and communicate the church’s desire to care for personal, spiritual and physical needs.
  • File a MedPay claim with the church’s insurance company. MedPay helps pay medical expenses for an injured party after an accident, regardless of fault. Provide claim information to the injured party.
  • Communicate regularly with the injured party to convey the church’s goodwill and ensure prompt resolution of their claim.
  • Work in good faith for the injured party’s good health and personal restoration. Mediate with your insurance company as necessary to expedite the claim process.
• What Happens When You Get Sued?
  • Demand Letters – A Demand Letter is official notice that states the harm suffered by the sender, requests relief, and may threaten legal action. Demand Letters may include a demand for compensation. Understand that an attorney’s Demand Letter is not legal action, although the threat of legal action may be present.
  • Legal Action – Legal action may be initiated against the church seeking a remedy for a range of claims, including personal injury and abuse. Treat every legal action with care but recognize that the fact of litigation does not constitute a case with merit or confer a finding of guilt. The filing of a lawsuit is just another step in the often drawn-out and convoluted legal process. In many cases, legal action results in negotiation and steps toward a settlement as both parties seek to avoid the expense (and liability exposure for the defendant) of going to trial.
  • Interrogatories – When lawsuits are filed, interrogatories are used to gather information and clarify facts in a pending case. This discovery tool is a written set of questions that often cover a broad range of relevant (and sometimes less pertinent) topics and information. Always provide accurate and complete answers without evasion.
  • Internal Documents and Communication – Discovery in any lawsuit includes the requirement to submit relevant internal documents, e-mails, texts, policies, administrative paperwork and other communication to the plaintiff’s legal team. Recognize that any document in these categories is subject to discovery. Keep good records and preserve pertinent material whenever an accident, mishap or injury occurs on church property. Keep in mind that anything you say on the record will be admissible as evidence in any legal action.
  • Intimidation Tactics – Be prepared for formal letters, direct language, threatening what-ifs, settlement outcomes, voluminous information requests, detailed interrogatories, legal language complexity (legalese) and more. Don’t be intimidated by opposing counsel and always ensure robust representation for yourself and your church. Recognize that opposing attorneys are required to practice law within the boundaries of professional legal conduct. They may advocate forcefully for their clients but must do so with a firm adherence to well-established ethical rules.
• Insurance Company’s Role – In any lawsuit, your first line of defense will be your insurance company’s legal team. For personal injury, abuse and other legal claims, they will provide representation in fulfillment of the terms of your liability coverage. Mitigating risk and managing liability is the goal in most personal injury claims and so recognize this at the start.
  • Personal Injury Claim E-mail* (6 pages)
• Settlements – Settlements often occur during the negotiation period after a lawsuit has been filed by an injured party. Be sure to provide relevant information to your insurance company to aid in their response to any pending legal action.

Waivers of Liability & Incident Documentation

• Waiver of Liability & Medical Release – Minor* (2 pages) – Any event, activity, camp or transportation event with minors requires a Waiver of Liability and Medical Release. Medical Releases should be accessible to leaders during all phases of an event with extended travel time. Since medical events can occur at any time, this includes bus transportation, hotel stays and summer camps.
• Waiver of Liability & Medical Release – Adult* (2 pages) – Require Waivers of Liability for any adult event or activity involving church-sponsored transportation or extended travel time away (hotel stays, bus travel, etc.). Adult waivers are especially important for senior adult activities, where trip hazards in new environments increase your liability exposure.
• Incident Report* (1 page) – Incident Reports record unusual events that may not qualify as an accident or mishap. This could be minor altercations, verbal conflict with church leaders, argumentative behavior, abusive conduct or language, and other events above the reporting threshold. When in doubt about whether to record a borderline incident, encourage leaders to do so as a precaution.

Risk Assessment & Management

• “Church Self-Inspection Form” by Adventist Risk Management, Inc.* (11 pages) – While there is no way to prevent every lawsuit or assess and mitigate all risk, regular safety inspections and risk assessments are an important tool for encouraging safety, preventing accidents and mitigating personal injury claims. Most insurance companies offer or mandate safety assessments via their own Insurance Inspectors. Churches can also conduct regular self-inspections for an added layer of protection.

   Seminar Outline

   Seminar Slide Deck

   Seminar Content

   Church Law & Tax

   Alliance Defending Freedom

   Michael Best