There are a number of legal defenses that churches can raise if a civil lawsuit is filed against them. These defenses include (1) negative defenses, where a claim can be defeated by disproving important elements of a case; and (2) affirmative defenses, where a defendant admits the underlying cause of the action is true but that they were not responsible.
Some common negative defenses include the following:
Contributory negligence. This occurs when an injured party has contributed to his or her own harm, which can significantly reduce or eliminate the amount of damages a plaintiff may recover.
Comparative negligence. If a court finds that more than one party is liable for an injury, it may divide liability among those parties.
Assumption of risk. In cases involving a dangerous activity, a court may find that a plaintiff assumed the risks of engaging in that activity and is therefore responsible for their injury.
Limitation of liability clauses. Many contracts include limitation of liability clauses that protect one party from liability in case the other party is injured.
Superseding cause. This occurs when an independent event caused the injury instead of the defendant.
Act of God. Liability cannot be assigned to a defendant for events outside human control, such as a hurricane or other natural disaster.
Some common affirmative defenses include the following:
Comparative negligence. If a court finds that more than one party is liable for an injury, it may divide liability among those parties.
Harm is limited. If a plaintiff fails to show that he or she was injured, there is no case. In addition, if a plaintiff fails to cure the harm when able to do so, then a defendant cannot be found responsible for the plaintiff’s failure to act.
Intervening cause. If an injury is made worse by an independent event occurring after the first accident, the defendant has no liability for any additional harm caused by that event.
The Church Law Center of California advises churches and other nonprofits on how to protect themselves from risk while furthering their mission. Call us today at (949) 892-1221 or reach out to us through our contact page.