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Liability Issues For New Church Plants That Are Often Over Looked And Missed
Liability Issues For New Church Plants That Are Often Over Looked And Missed

Often when the idea for a new church plant takes place, it begins with a Bible study in someone's home or another common meeting place. At this time, the new church can usually operate under the liability protection of the mother church or other church body, though that should be checked to be sure. When the new church plant moves from the Bible study type of format to leasing space and having a more formal organization, it is time for them to consider arranging for their own protection since most church policies or other church body policies will not usually provide the necessary liability coverages that are needed to protect it from the unique risks of the new church plant. Here are some risk facts that should be considered and reviewed:

  1. If space is leased, there is usually a written lease with insurance requirements that are expected to be met by those who lease. It is important to have a written lease so that there are no misunderstandings in the event of claim.  Leases that aren't written could leave possible undiscussed or misunderstood issues open, that could cause even more liability issues that expected.
  2. There should be a reveiw of the leased space to be sure the building is in good repair and that it is proper for your meeting requirements. Some meeting rooms have max numbers which may not meet your requirement. Some rooms may be cold or damp or have walkway issues that could cause people to fall down. Electrical wiring could be an issue if it is not up to code and in good working order. Are plumbing fixtures in good working order and easily accessable to those who may attend?  If you lease only part of a building, are you able to close the rest off so that people do not get lost or wander off into areas they should not be in for their own safety? Are the heating and air conditioning units in good working order and up to code?
  3. If storage is needed at the location, is it provided? If so, you can be assured that the property is secure when the new church is not meeting and of the safety of someone who may have otherwise attempted to use it and hurt themselves.
  4. Are vehicles able to enter and exit the parking lot, and people the walks, safely? Have there been arrangements for the winter months when snow and ice may make things more risky and need to be cleared?
  5. Are the walkways and parking lot free of cracks and other issues that could cause falls and other liability issues?
  6. Is the building in an area that is secure so that people attending the new church are not increasing risk to themselves or their vehicles as they attend?
  7. Where is the office space for the new church plant to be located? This space must be listed on the insurance policy in order for coverage to apply.
  8. You should review each of the new church's ministries, looking at their risk factors for each. If there are classes, is the adult to child ratio considered for safeguards?  Is the location able to offer safeguards through doors with windows or simply open doors? If volunteer drivers are needed, is there a proper recruiting practice in place? Please note our website for volunteer driver issues at : http://www.phelpsfinancial.com/summary/p/156
  9. Has data storage been reviewed for its risks and security? Please note our website for data and record storage issues at: http://www.phelpsfinancial.com/risk/religious/church/data
  10. Have proper employee and clergy forms been filed or applied for with state and federal and other govermental entites?
  11. Are leaders checked for leadership qualities and criminal and sexual misconduct issues?
  12. Are there leadership handbooks that explain the new church's expectations and qualifications properly, as well as procedures for when violations present themselves?
  13. Have federal, state, and local required documents been properly completed and filed timely?
  14. Have procedures for the proper handling of funds and bill payment been put in place?
  15. Have advertising avenues and promotional things been reviewed for legal issues as to use and verbage?

This was not designed to be a complete list of all possible liability issues that should be reviewed but is presented to assist people to the scope that they should be reviewing. Since we are not in the business of offering legal advice, we suggest that all material that we have suggested should be reviewed with legal counsel before use. If you should have further questions on this matter, please feel free to contact us by email at :  dphelp@phelpsfinancial.com 

Last updated on Thu, 07/08/2004 - 22:48.
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