Bass v. Aetna Insurance Company

In Bass v. Aetna Insurance Company, 370 So. 2d 511, 514 (La. 1979), a church was found negligent for allowing the aisle of its church to become overcrowded during its worship service. The plaintiff, who was standing in the aisle praying, was knocked down and injured by a fellow parishioner who testified that he was "trotting" down the aisle "under the Spirit of the Lord." The supreme court held that the church's minister had recognized the crowded condition, yet had encouraged "open response to the spirit." The court ruled that "in determining whether the risk is unreasonable, not only the seriousness of the harm that may be caused is relevant, but also the likelihood that harm may be caused." Id. The court disagreed with the lower court's view that the plaintiff had assumed the risk by standing in the crowded aisle.