How can ministries and NGOs prepare for crises such as kidnappings, violence, or natural disasters while minimizing legal and organizational risk?

This White Paper examines the legal liability organizations face during crises—from negligence and fraud claims to lawsuits by employees, volunteers, or families. Using real-world cases, it highlights common mistakes like inadequate preparation, unrealistic expectations, or poor crisis protocols. It provides practical solutions: security training, clear crisis management policies, insurance coverage, communication planning, and survivor aftercare. By taking proactive measures, organizations can protect people, uphold their mission, and reduce exposure to lawsuits in high-risk environments.

White Paper

Crisis Management for Non-Profits, NGOs, and Mission Organizations

Jessica Ross, Esq.
Theresa Lynn Sidebotham, Esq.

Telios Law PLLC
19925 Monument Hill Rd. | Monument, CO 80132
ph. 855-748-4201 | f. 775-248-8147

Jessica Ross, Esq. — jer@telioslaw.com
Theresa Lynn Sidebotham, Esq. — tls@telioslaw.com

Table of Contents

1. Introduction
2. Legal Liability in the Event of a Crisis
3. Prevention: Best Practices
4. Conclusion

I. Introduction

Global missions work is increasingly dangerous, especially in certain parts of the world. Since 2003, there has been a worldwide spike in global kidnappings that more and more target faith-based workers such as missionaries, as well as other NGO workers.

Real risks facing international mission organizations today include injuries from suicide bombings, kidnappings, torture during hostage situations, threats of execution, and extortion. Workers also face risks from natural disasters and accidents that may occur without warning.

Agencies must understand these risks and implement systems to ensure safety. Strong crisis management protects both people and organizational liability.

Case Study

A U.S.-based relief worker in Sudan was kidnapped during a mission trip due to inadequate security measures. She later sued the organization, alleging lack of training, poor risk management, and mismanaged hostage negotiations.

The lawsuit highlighted failures including:

• Insufficient safety training
• Inadequate security personnel
• Failure to update protocols after prior incidents
• Ignoring intelligence warnings
• Poor hiring practices
• Mismanagement of hostage negotiations

This real-world case demonstrates how lack of preparation can lead to human, reputational, and financial harm.

II. Legal Liability in the Event of a Crisis

A. Claims by Employees or Families

     1. Injuries in the U.S.

In the U.S., workers’ compensation typically limits employer liability. It provides a no-fault system that replaces most civil lawsuits for workplace injuries.

     2. Why Liability Increases Overseas

Overseas assignments often fall outside workers’ compensation coverage, exposing organizations to civil lawsuits and uncapped damages. Courts may also treat employees as “on duty” 24/7 abroad.

     3. Negligence Claims

Employees may argue the organization failed to meet a duty of care by placing them in dangerous situations without proper precautions.

     4. Intentional Torts

Claims such as intentional infliction of emotional distress may arise when employees believe their well-being was disregarded during crises.

     5. Fraud Claims

Liability may occur when organizations misrepresent safety conditions or overpromise protection.

B. Claims by Non-Employees

  1. Volunteers

Organizations may owe a duty of care to volunteers. Courts may invalidate waivers, especially for minors.

  2. Family Members

Liability may extend to family members accompanying workers or affected by crises, including emotional distress claims.

C. Claims by the Government

Organizations may face legal risks for actions such as paying ransom to terrorist groups, which may violate international or domestic laws.

III. Prevention: Best Practices to Minimize Damage

Common Mistake #1: Inadequate Preparation

  Solution: Provide security training, crisis preparedness, and document all efforts.

Common Mistake #2: Unrealistic Expectations

  Solution: Be transparent about risks and ensure personnel fully understand them before deployment.

Common Mistake #3: Lack of Crisis Planning

  Solution: Develop a comprehensive crisis management policy, including evacuation plans, communication protocols, and insurance coverage.

Common Mistake #4: Poor Communication During Crisis

  Solution: Clarify roles, responsibilities, and negotiation strategies in advance.

Common Mistake #5: Lack of Aftercare

  Solution: Provide psychological support, financial assistance, and structured recovery plans to reduce litigation risk.

Common Mistake #6: Failure to Learn from Incidents

  Solution: Conduct audits, internal investigations, and crisis simulations to improve future response.

IV. Conclusion

Crisis is inevitable. Organizations must prepare proactively to protect their people, minimize legal exposure, and respond effectively when events occur. Strong crisis management can prevent devastating outcomes and reduce the likelihood of litigation.

Disclaimer

This resource is for informational purposes only and may not apply to a given place, time, or set of facts. It is not intended to be legal advice and should not be acted upon without specific legal advice.