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Imagine the shock of discovering that one of your employees, volunteers, or service recipients has been the victim of a crime. Now, imagine the even worse shock of discovering that the crime was committed on your organization’s property, and that you could have prevented it.
Such incidents can devastate the victims and the organization. Increasingly, victims are suing the owner or renter of the premises where an attack occurs. Nonprofits are not immune from this legal trend, as Sallah A. Johnson v. Westminster Presbyterian Church illustrates. The Westminster church regularly offered breakfast to homeless people. In the past, fights had broken out during the breakfasts, but the church instituted no security precautions. Then another fight occurred, and an eight-year-old girl was injured.
In Frances T. v. Village Green Owners’ Association, the California Supreme Court ruled that board members could be held liable for a rape at a condominium. In that case, a woman whose condominium had been burglarized asked the board to install lights in her courtyard. When the board refused, she had the lights installed on her own. The board then ordered her to turn them off. She asked permission to leave them on, noting that they were wired to the same switch as the light in front of her building. The board told her to turn them off anyway. She complied, and was raped the same night. Based on this record, the court ruled that the board members could be held personally liable.
How can you prevent incidents like these? The following suggestions can help to discourage criminals and limit your liability.
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