State Case
State Implications
Calvary Temple Church of Evansville, Inc. v. Kirsch
If a volunteer gets injured outside the sanctuary—say, in the parking lot or while helping with a building project—are you legally protected? A recent Indiana Supreme Court ruling says “yes.” While limited in its application to ministries in Indiana, the implications of the case could reach far beyond state lines. Here’s what every church and ministry needs to understand about the boundaries of liability.
What You Need to Know
Gerard Kirsch, a longtime board member at Calvary Temple Church in Evansville, fell from a ladder while helping build a storage barn on the church’s property. He later sued the church, claiming it failed to provide safe equipment and proper supervision. Normally, property owners must exercise “reasonable care” for the safety of people on their property, especially those there for the owner’s benefit (known as “invitees”). This involves identifying and addressing hidden dangers.
However, Indiana law grants nonprofit religious organizations a reduced legal duty of care for properties primarily used for worship. The key question in this case was whether this lower standard applied only to the church’s main sanctuary or to all areas of church property. The Indiana Supreme Court clarified that the reduced standard covers the entire church property—not just the sanctuary. Because Mr. Kirsch acknowledged that the church met this lower standard, the court dismissed his case.
What Your Ministry Can Do
Know Your State’s Laws: Familiarize yourself with premises liability statutes for religious organizations in your state.
Inspect and Maintain Your Property: Regularly inspect buildings, tools, and equipment—even if volunteers bring their own—to identify and address hazards.
Train and Equip Volunteers: Offer basic training or guidance for facility tasks, especially when ladders, power tools, or machinery are involved.
Document Safety Practices: Keep records of inspections, training, and safety protocols.
