Can I sue a church if I suffered a personal injury on their property?

Question

My foot was injured on church property. I was told I cannot sue church. It is a losing battle.

Donald Broad · Answer

Assuming the incident where you injured your foot occurred within the applicable statute of limitations (2 years in Indiana), you can sue a church in Indiana.  They usually carry liability insurance to cover such losses.  You still have to prove that they were negligent in some way, but, at least in Indiana, there is nothing to prevent a lawsuit against a church.

Ryan Hilts · Answer

It depends on how you injured your foot.  Without more information, there's no way to tell whether you have a case against the church.

Paul Whitfield · Answer

You can certainly sue a church. Aren’t very popular with juries. But you have to prove FAULT. Just because you are on someone’s property when you are hurt does not mean they are responsible. You always have to prove it was their fault, their negligence that caused the injury.

Stephen Lombardi · Answer

Yes, you can sue a church if you're hurt because of a defect in the   property; one that was not open and obvious. I'm not sure why the person   told you, it's a losing battle. I know they have lost souls, but not lost   battles.  If you're Catholic you may have attend confession afterwards, but   the priest will probably forgive your sin for suing him.

Josh Lamborn · Answer

There are many intangibles that go into a lawsuit.  They are not just about the law and the facts, but also about how a jury perceives the law and the facts of each case.  You may have the best case in the world on paper, but when a jury hears that you are a convicted felon, or that you had four previous lawsuits they may determine that they don't like your case so much. So, when you sue a church many jurors may allow their personal beliefs cloud their decision making.  You are already fighting an uphill battle in that you are pursuing a "slip and fall" type case.  Jurors typically do not like these cases because they put themselves in the property owner's shoes and they tend to blame the victim.    Having said all that, most personal injury lawyers will take cases on a contingency fee basis and will front the expenses of the litigation.  They also tend to offer free consultation, so it can't hurt to go talk to a lawyer and see if they will take your case on for you.

Learned Espinosa · Answer

Most Churches should carry general liability insurance for injuries sustained on their properties.  You may sue a Church.

Jared Altman · Answer

That is not true. You can definitely sue a chair h and win. They are landowners just like everyone else.

Mark Leonardo · Answer

Not true.  They usually carry insurance just like anyone else.

Robert Lucky · Answer

There is nothing that will prevent you from filing a lawsuit against a church.

Thomas Bulman · Answer

No church is immune from a lawsuit.  If the cause of your fall was neglect of the property, file a claim with the church's insurance company.  That is why the church insures its property.

Timothy Klisz · Answer

That is not true.  Their status as a church is not a bar to suit.

Ronald Lowry · Answer

It depends on how the injury occurred. If church employees' negligence or some defective condition on church property caused your injury, sure you can sue the church. The church is not immune from suit by virtue of being a church.

New User · Answer

Church's are not immune from liability. However, you will need to show that the injury was due to some fault on the part of the church.

Jeffrey Wittenbrink · Answer

The question is not whether  you can "sue" but whether or not  you may recover anything.  Anyone can sue anyone in America-whether or not you are legally entitled to recover damages is the question.  A church is usually formed as some kind of fictitious entity, and may be sued like any other corporation, partnership, etc.  Some small churches never incorporate or form any business entity, and may be considered "unincorporated associations".   Whether you can recover depends on whether or not the church did or failed to do something that caused the accident that you complain about, and whether or not you were injured of "damaged," and how badly.   Most churches now have some kind of liability insurance, which means your claim would be treated like any other at any other business.

James Kelaher · Answer

You have the legal right to sue a church; they do not have immunity. However, a jury's sympathies will clearly be with the church so you can't expect their insurance company to make a very good offer.

Andrew Velonis · Answer

All property owners are responsible for keeping their property in reasonably safe condition. If the church knew or should have known of a hazard and failed to take steps to correct it, even though they had time to do so, then it can be held legally liable for injuries that could foreseeably result. Of course, evidence for all of those factors will be required.  Once you have that, it's all the same, church or not.  I have sucessfuly brought claims involving church-owned properties.  In fact, I have not lost one yet.

Michael Heilmann · Answer

You can sue a church, it is simply a lower duty. A church is not a business.

Joseph Lipsky · Answer

Like any other business, if the church's negligence was the cause of your fall, they are responsible for your personal injuries.  It is likely that the church will have an insurance company which will handle your claim for lost wages, unpaid medical bills and pain and suffering.

Bernard Huff · Answer

The church may carry insurance which would cover your injuries. Check with s board of trustee member or another head church official for details. Also, you may want to consult with a plaintiff's personal injury lawyer for specific legal advice and assistance.

Steven Shaw · Answer

Churches, like most property owners, carry insurance.  Almost all property insurance has some sort of no-fault coverage for people who injure themselves on the property.  This is regardless of whether someone's negligence caused your injury or not.  To make a claim beyond that coverage, you must demonstrate that the church (or a representative of the church) was negligent in the cause of your injury.

Orman Kimbrough · Answer

Normally, an owner or possessor of property has a responsibility to maintain it in a reasonably safe manner, correct dangers it knows of or should know of, and/or warn of dangers that are known.   If the failure to do this has caused your injuries, you may be able to successfully maintain an action.  You should consult with a personal injury attorney who can review the specifics of your case and give you particular advice.

Kevin Habberfield · Answer

There is no legal prohibition against making an insurance claim against a church. They invite the public in just like a business does and are required to maintain their property free from danger. The case may have less or more jury appeal depending on the church and the area you live in.   Good luck.

Christopher Earley · Answer

You can sue a church, although there are limitations as to how much can be recovered.

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