Indiana Supreme Court considers expanding liability protection for religious groups

Indiana is seemingly the only state that shields religious organizations from regular liability if someone is injured on their property. The state Supreme Court is considering a case that could expand that protection even further.

State law says religious organizations’ immunity from typical liability covers their “premises … used primarily for worship services.” What exactly that covers is up for debate at the court.

A man was injured while building a storage shed for an Evansville church, adjacent to its parking lot. His attorney, James Stoltz, said there are no worship services happening in that shed.

“The phrase is there for a reason,” Stoltz said. “And that phrase should not be ignored.”
 

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But Alex Beeman, representing the church, noted a previous Supreme Court decision included parking lots in the law’s definition of premises. In an exchange with Justice Geoffrey Slaughter, Beeman said extending that to a storage shed is a logical step.

“Under the traditional notions of premises, I think that clearly includes any sort of out building, storage shed, dumpster on the premises,” Beeman said.

“How do we know that?” Slaughter asked.

“‘Cause I think that’s just the typical, ordinary — the plain, ordinary meaning,” Beeman replied.

There is no timetable for the court’s decision.

Brandon is our Statehouse bureau chief. Contact him at bsmith@ipbs.org or follow him on Twitter at @brandonjsmith5.