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Indiana Supreme Court Clarifies Scope of Church Immunity in Recent Premises Liability Case

By: Kopka Pinkus Dolin

Indiana Supreme Court Clarifies Scope of Church Immunity in Recent Premises Liability Case

A recent Indiana Supreme Court decision in Calvary Temple Church of Evansville, Inc. v. Kirsch provides significant clarification on the application of Indiana Code 34-31-7-2, which limits the duty of nonprofit religious organizations for certain premises liability claims like slip and fall.

This case arose when a volunteer working on a structure near the church parking lot fell from a ladder and sustained serious injuries, requiring surgery. When the volunteer sued for damages, stating the church negligently caused his injury by failing to provide a ladder and other equipment in “safe and working order;” properly supervise” him; and prevent him from building a shed “without proper equipment, training, and supervision.” The church denied negligence and invoked I.C. 34-31-7-2, arguing no duty owed. However, the volunteer argued that the statute did not apply because the area where he fell was not primarily used for worship services.

The Vanderburgh Superior Court denied the church’s motion for summary judgment and allowed the man’s claims to move forward. The church appealed, and the Indiana Court of Appeals affirmed, applying the statute narrowly to only the portions of the property used for worship services.

On February 11, 2025, the Indiana Supreme Court reinforced a broader application of the term “premises” under I.C. 34-31-7-2, to include the entire parcel of land owned and used by the church. The Court emphasized that church activities are not limited solely to the sanctuary or areas directly involved in religious services and the property played a role in supporting the church’s mission and religious functions, even if certain areas were not directly used for worship at all times.

Impact on Premises Liability Claims for Religious Institutions

This ruling has significant implications for premises liability cases involving religious institutions in Indiana; by clarifying that the limited duty of nonprofit religious organizations includes portions of the premises beyond the locations primarily used for worship services, the statute expands the protection afforded to churches in premises claims. Churches and other religious institutions should take note of this expanded interpretation when assessing liability risks and legal defenses in premises liability cases. In addition, the Calvary case serves as a reminder that the duty of nonprofit religious organizations limits the duty to only require (1) warning persons of hidden dangers actually known and (B) refraining from intentionally harming the person.