by G. Michael Schopmeyer and Carter R. Gallagher
In 2005, the Indiana General Assembly granted nonprofit religious organizations special statutory tort claim protection for injuries sustained on their premises. On December 12, 2024, the Indiana Supreme Court heard arguments in Cavalry Temple Church of Evansville, Inc., v. Kirsch, and will decide just how far those protections extend.
Traditionally, a possessor of land, whether an owner or tenant, is liable for an invitee’s injuries that occur on their property caused by any hazardous conditions discoverable by the possessor’s reasonable care. Liability remains even if the possessor had no actual knowledge of the hazard. Under Indiana Code § 34-31-7-2, however, a “nonprofit religious organization” need only alert guests to hidden dangers known to a representative of the organization. However, that curtailed statutory duty of care applies only to premises “used primarily for worship services.”
When Gerard Kirsch, a church Trustee, sued after being injured on church property, the Cavalry Temple Church of Evansville cited this statute in its defense. In this case, Kirsch volunteered to build a garage on church property. During construction, Kirsch fell off a ladder and sustained injuries to his arm. He sued Cavalry Temple for being negligent in its duty to supervise his work and provide proper training, equipment, and supervision.
After being denied summary judgment, Cavalry Temple appealed. In the Indiana Court of Appeals, it argued that a nonprofit religious organization, like itself, has no duty to supervise volunteer-led construction projects on its property. Rather, under the Indiana Code, religious organizations need only warn guests of hidden dangers and refrain from intentional harm. Because Kirch’s injury occurred on the church property, a premises “used primarily for worship services,” the church argued Indiana’s statutory protections applied.
Kirsch, on the other hand, argued that because he was injured on a portion of church property that was not used “primarily for worship services,” Cavalry Temple possessed the same duty as any other property owner. While conceding that the statute is “ambiguous,” the Court of Appeals agreed with Kirsch, holding that the statutory protections apply only when an injury occurs on a portion of property used “primarily for worship services.” Cavalry Temple sought further review from the Indiana Supreme Court, which was granted on October 31, 2024.
The Indiana Supreme Court’s decision to hear Cavalry Temple Church of Evansville, Inc. v. Kirsch presents an opportunity to resolve the ambiguity surrounding the scope of Indiana Code § 34-31-7-2. The Court’s interpretation of the statute will have far-reaching consequences for premises liability and the legal obligations of religious entities under Indiana law.
If you have questions about premises liability or how you can protect your business or organization, call G. Michael Schopmeyer, Patrick C. Thomas, Carter R. Gallagher, or any of our other experienced legal professionals.
