What responsibility does a Faith-Based Organization (FBO) have if they are attacked and do nothing but call the police and wait for help?
When a Faith-Based Organization (FBO) faces an attack and merely calls the police without taking further action, the liability they might encounter can differ depending on the jurisdiction and specific circumstances. However, certain general legal principles can be examined to understand the potential repercussions and the responsibilities of such organizations during emergencies.
Legal Considerations for Houses of Worship During an Attack
- Duty of Care
- Premises Liability: Faith-Based Organizations, Synagogues, Mosques, Temples, Schools etc., like other property owners, have a legal obligation to ensure the safety of individuals on their premises. This includes taking reasonable steps to protect congregants from foreseeable harm.
- Foreseeability of Risk: If there were prior threats, incidents, or known risks, the church may be expected to implement enhanced security measures.
- Reasonable Measures
- Standard of Care: The standard is typically what a reasonable organization would do under similar circumstances. Simply calling the police might be deemed insufficient if additional reasonable measures could have been taken.
- Emergency Preparedness: Having an emergency action plan, conducting regular drills, and training staff can demonstrate proactive efforts to ensure safety.
- Negligence Claims
- Elements of Negligence
- Duty: Establishing that the church had a duty to protect its congregants.
- Breach of Duty: Showing that the church failed to act as a reasonable entity would be under similar circumstances.
- Causation: Linking the church’s inaction to the harm suffered.
- Damages: Demonstrating that actual harm or loss occurred.
- Potential Liability: If a court finds that the church breached its duty of care, they could be held liable for damages resulting from the attack.
- Elements of Negligence
- Third-Party Acts
- General Rule: Organizations are not usually liable for the unforeseen criminal acts of third parties.
- Exceptions: Liability may arise if the organization failed to address known risks or if the criminal act was foreseeable.
- Statutory Requirements
- State Laws: Some states have specific legislation regarding security measures for places of worship.
- Texas: Texas has laws that allow churches, synagogues, and other places of worship to establish volunteer security teams without obtaining a license or permission from the state, provided they follow specific rules. Additionally, Texas Senate Bill 694 grants civil immunity to church security personnel and their organizations.
- Florida: Florida has passed legislation that allows concealed carry permit holders to carry firearms in places of worship, provided the place of worship does not have a school on its property.
- Georgia: Georgia’s “Safe Carry Protection Act” allows licensed gun owners to carry firearms in places of worship, unless the place of worship specifically prohibits it. Georgia’s church carry laws are can be found in O.C.G.A. § 16-11-127, the statute concerning where Georgians may lawfully carry. Georgia law forbids possession of a firearm in a “place of worship,” unless the governing body permits carry by license holders.
- Immunity Laws: Certain “Good Samaritan” and “Self Defense” laws may offer protection, but they often require that reasonable steps were taken to prevent harm.
These are just a few examples, and other states may have similar or different regulations. If you have a specific state in mind, please contact https://kearnanconsulting.com/contact-us/
Mitigating Liability
- Risk Assessments
- Conduct regular security assessments to identify vulnerabilities.
- Stay informed about threats in the community and within your faith-based identity.
- Developing an Emergency Plan
- Create a comprehensive Emergency Operations Plan (EOP) tailored to the venue.
- Include protocols for various scenarios (e.g., medical emergency, disturbance, active shooter, natural disasters).
- Training and Drills
- Train staff and volunteers on emergency procedures.
- Conduct regular drills to ensure readiness.
- Security Measures
- Implement physical security enhancements like controlled entry points, surveillance cameras, and alarm systems.
- Consider hiring security personnel or coordinating with law enforcement for regular patrols.
- Legal Consultation
- Work with legal counsel to understand obligations under local laws.
- Ensure compliance with any regulatory requirements.
Final Thoughts
If a Faith-Based Organization is attacked and the only action taken is to call the police and wait for assistance, there may be potential liability if it’s determined that they failed to take reasonable steps to protect their congregants. The expectation is not necessarily to prevent all harm but to act prudently by implementing measures that a reasonable organization would under similar circumstances.
Implementing proactive safety and security measures can not only enhance the protection of congregants but also demonstrate due diligence, which may mitigate liability in the event of an incident.
Disclaimer:
This response provides general information and does not constitute legal advice. Liability laws vary by jurisdiction, and specific legal obligations may differ based on local statutes and case law. For advice tailored to specific situations, Faith-Based Organizations should consult a qualified attorney familiar with local laws and regulations.