As a general rule, in New Jersey an owner that uses property strictly for religious purposes is immune from liability for personal injuries sustained while on the property. The recent decision in Rockhill v. Grace Orthodox Presbyterian Church did not depart from the general rule.

The plaintiff in Rockhill claimed to have tripped and fallen on the sidewalk adjacent to the Church. In suing the Church, the plaintiff attempted to take advantage of another well established rule: commercial property owners owe a duty to the public to maintain abutting sidewalks in reasonable condition. To that end, in order to sustain her claim, the plaintiff had to prove that the Church owner used the property for some commercial benefit.

One year after the plaintiff’s accident, the Church began leasing the property to a local youth group for weekly dances for a charge of $75 per week. In a desperate attempt to pierce the religious immunity, the plaintiff argued this lease was proof that the Church could have leased the property prior to her accident — but the Court was unconvinced.

In upholding summary judgment in the Church’s favor, the Court found that the mere possibility that the Church could have derived some commercial benefit had it leased out the property prior to the plaintiff’s accident was too speculative of an argument. The Court also rejected the plaintiff’s argument that the post-accident commercial activity should retroactively convert the Church to a commercial property owner.

Thanks to Emily Kidder for her contribution to this post and please write to Mike Bono for more information.