White Paper
The Blood of the Martyrs and Legal Liability
Telios Law PLLC
19925 Monument Hill Rd. | Monument, CO 80132
ph. 855-748-4201 | f. 775-248-8147
Theresa Lynn Sidebotham, Esq. — tls@telioslaw.com
Summary of the Challenge to Missions Organizations
Missions organizations in today’s legal landscape face increasing risk of litigation. While the work may appear stable, underlying legal exposure can be severe—similar to a neighborhood vulnerable to wildfire.
Introduction: The Lawsuits Missions Organizations Could Face
Examples of potential legal exposure include:
- Severe injury during a mission trip leading to long-term medical care claims;
- Death or hostage situations in dangerous regions resulting in negligence lawsuits;
- Historic abuse claims from missionary children;
- Data security failures leading to harm or death;
- Employment-related lawsuits such as wrongful termination;
- Failure to address developmental or educational needs of missionary children.
These scenarios highlight increasing exposure to large-scale litigation risks.
Danger and Responsibility for Danger: The Historical Setting
Missions work has always involved danger. Early Christian leaders, including Paul, faced extreme risks, including imprisonment, violence, and death.
Historically, these risks were accepted as part of the calling. However, modern legal systems now assign responsibility for harm, fundamentally changing how risk is evaluated.
The development of tort law, insurance systems, and negligence standards has shifted expectations, making organizations potentially liable for risks once considered inherent.
Legal Liability and How It Works
Legal liability, particularly negligence, requires several elements:
- Duty of care;
- Breach of duty;
- Causation;
- Damages or harm.
Organizations are often included in lawsuits due to their financial capacity. Large damages or multiple claims can threaten the survival of an organization.
Missions Organizations Are Likely a Target
Cultural shifts have increased the likelihood of litigation against religious organizations. Factors include:
- Changing societal attitudes toward religion;
- Increased awareness of institutional failures;
- Evolving expectations for child protection and care;
- Greater recognition of challenges faced by missionary children (MKs and TCKs).
These factors contribute to a legal environment where missions organizations are increasingly vulnerable.
Three Possible Approaches for Litigation Prevention
1. Eliminate All Risk
Attempting to eliminate all risk leads to over-control and limits the ability to carry out mission work effectively.
2. Ignore Liability
Ignoring risk and relying solely on faith may result in negligence and increased legal exposure.
3. Balanced Preparation
A practical approach involves preparation while maintaining mission integrity—managing risk without eliminating purpose.
Consent to the Vision and Supporting Principles
The recommended approach is grounded in four principles:
- Consent: Individuals acknowledge and accept risks associated with mission work;
- Negligence Avoidance: Organizations must fulfill their duty of care;
- Community: Missions operate within a supportive team structure;
- Purpose: Individuals consciously accept risks aligned with their calling.
Proper documentation, training, and clear communication of risks are essential in supporting these principles.
Conclusion
The legal landscape presents increasing challenges for missions organizations. However, these challenges can be addressed through preparation, strong policies, and alignment with organizational vision.
Effective risk management allows organizations to protect both their mission and the people they serve while maintaining integrity and purpose.