Churches, Schools Beneficiaries of Liability Ruling in California
by Allie Martin
May 19, 2004
(AgapePress) - The California Supreme Court has ruled to protect schools and churches from unforeseen liability. The case stems from a tragic accident that occurred on a church playground.Last week, California's high court ruled property owners cannot be held liable for an unforeseeable criminal act that results in injuries or death on their premises. The case involved a Baptist church in Southern California that was sued when a deranged man deliberately drove his car onto a church playground, killing two children.
Parents of the deceased children sued the church, claiming it shared responsibility for the criminal act. But the court explained that while property owners have a duty to make their premises safe, "they can only do that to the extent that they know what they are making it safe against." The high court also stated that in this case, the criminal conduct was "so outrageous and bizarre that it could not have been anticipated under any circumstances."
Brad Dacus is president of the Pacific Justice Institute, which filed an amicus brief on behalf of the church in Wiener v. Southcoast Childcare Centers, Inc. Dacus says the church could not have anticipated the tragedy.
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Brad Dacus |
"This has been a very serious problem, particularly after the lower court came down with its decision to hold the church liable, which would have been an incredible burden upon the church as well as its childcare program," the attorney explains.According to Dacus, many churches and schools have been forced to "live in fear" of being sued for tragedies that are out of their control. Following this ruling, he said such entities need to continue to work to prevent foreseeable harm and foreseeable risk -- but they are not going to be liable "for random criminal acts of others that they could never see coming."
On behalf of the Institute, Dacus extended sincere condolences to the families of the two children who were killed. He says the group's legal position "should not be construed as diminishing our grief for their heartbreaking loss."
The man responsible for the crime was sentenced to life without parole.
