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.
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.
This decision marks a significant expansion of legal protections for religious organizations—clarifying that Indiana’s liability-limiting statute applies not just to the sanctuary, but to the entire church property. This means nonprofit churches in Indiana are shielded from certain negligence claims even when accidents occur in areas like parking lots or storage buildings, as long as the property is primarily used for religious purposes.
While this ruling is legally binding only in Indiana, for ministries nationwide, the case underscores the importance of understanding how state laws define duties of care and how those definitions can impact legal exposure. In states without similar protections, ministries could be fully liable for failing to provide a safe environment for anyone, anywhere on their property—from volunteers working with the youth to contractors building a new fence. A single incident could expose churches to costly litigation, insurance challenges, and lasting reputational damage.
Court: Indiana Supreme Court
Status: The Indiana Supreme Court instructed the trial court to enter summary judgment for the church and against Kirsch.
Date: February 11, 2025
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