November 4, 2009
Top 5 Reasons Churches Wind Up in Court
Current legal trends that can help your church assess its vulnerabilities.
For many years, I've closely reviewed litigation involving churches to identify patterns that pastors and leaders can use to assess their own risks and potential vulnerabilities. In 2008, the following five types of cases brought churches to court more than any others:
1. Sexual Abuse of a Minor (15 percent of cases). Sadly, this type of case is typically the No. 1 or No. 2 reason churches wind up in court every year.
2. Property Disputes (13 percent of cases).
3. Zoning (10 percent of cases).
4. Personal Injury (9 percent of cases). This is a Top 4 issue every year.
5. Tax (7 percent of cases).
Based on this ongoing analysis, churches should note the following major risk categories they face and work to evaluate (and to minimize) their own risks:
1. Sexual misconduct. For more resources and help on preventing child sexual abuse, turn to our "Reducing the Risk, 3rd Edition." To learn more about sexual misconduct issues in churches, see Your Church's article and Executive Report.
2. Property. I cover issues of church property law extensively in Volume 2 of "Pastor, Church, & Law, 4th Edition."
3. Employment. I cover employment law issues extensively in Volume 3 of "Pastor, Church, & Law, 4th Edition."
You can also find helpful resources related to employment law on ChurchSafety.com, where I serve as an "expert" advisor: http://www.churchsafety.com/topics/staff/
4. Zoning. Be sure to see my exhaustive coverage of this topic in Volume 3 of "Pastor, Church, & Law, 4th Edition."
5. Personal Injury. For resources that can help with limiting liabilities for incidents of personal injuries on church property, visit ChurchSafety.com (http://www.churchsafety.com/topics/property/) and check out our risk management resources and checklists located here.