Defenses and Affirmative Defenses
Immunities and Statutory Bars
Charitable immunity historically barred tort claims against charitable institutions. Most states have abolished it, while a minority retain modified versions capping damages or limiting liability to non-beneficiaries.
Statutory caps are the common modern form.
Alternative Names:
Charitable Immunity Doctrine, Nonprofit Immunity
Why it Matters?
Where retained, the immunity or cap can be dispositive of case value, which makes early identification of a defendant's charitable status a priority in intake. Religious organizations, hospitals, and educational institutions are the common beneficiaries. The distinction between beneficiaries and strangers to the charity matters in states retaining that limitation, since a visitor may have claims a served individual does not.
Frequently Confused with
Related terms
Frequently asked questions
Is charitable immunity still available?
Why identify charitable status early?
