1 of 3

A charity permitted an outside group to use its facility for a Christmas party. During the party, a woman suffered serious injuries when she fell on a slippery floor. As a result of her injuries the woman underwent surgery for a complete hip replacement. She later sued the charity, claiming that it was responsible for her injuries because it had retained control over the premises during the party. She claimed that the floor was unreasonably slippery, and this dangerous condition caused her to fall. One witness testified, "It was obvious that floor was slippery. It was just waxed or something. I mean it wasn't dirty. It was clean. Probably too clean."

The charity asked the Louisiana court to dismiss the case, but its request was denied. On appeal, a state appeals court suggested that there was sufficient evidence that the charity retained control over its premises during the party to send the case to a jury. The court began its opinion by acknowledging that a property owner may be legally responsible for injuries that occur on its premises when they are under its custody or control. The court suggested that the charity had retained control over its premises during the Christmas party on the basis of the following factors: (1) the charity was responsible for setting up tables for the party; (2) the charity provided a custodian during the entire party; and (3) the charity was responsible for opening the premises at the beginning of the party and locking the premises at the conclusion of the party. The charity's custodian admitted that he had cleaned the floor prior to the party and that he was on duty and responsible for cleaning the floor during the party. Aufrichtig v. Progressive Men's Club, 634 So.2d 947 (La. App. 2 Cir. 1994).

What can churches do to minimize liability for injuries that occur when outside groups use their facilities? Here's a checklist:

1. Have the outside group sign a "facilities use agreement" that (a) provides the group with a mere license to use the property; (b) contains a hold harmless and indemnification clause; (c) states that the church provides no supervision or control over the property when being used by the group. This document should be prepared by an attorney. The agreement should clearly specify that it is a license agreement and not a lease. The church's potential liability for injuries that occur during the use of its property by an outside group will depend to some extent on the nature of the relationship. A license exposes the church to less liability than a lease.

2. The church should be named as an additional insured under the group's liability policy.

3. Review the group's liability policy to ensure that it provides adequate coverage, and does no exclude sexual misconduct.

4. If the outside group's use of the property will involve any participants who are minors (including minor children of participants), then the outside group should warrant that it has exercised a high degree of care in conducting background investigations on all persons who will have access to one or more minors to determine their suitability for working with or being present with minors during the outside group's use of the property. The outside group also should warrant that it will use a high degree of care in supervising all activities involving minors during its use of the property under the terms of the agreement.

next page... |  1 of 3

share this page