There is something in Massachusetts known as a “charitable immunity cap.” A Massachusetts law known as the “philanthropic cap” was implemented in 1971 to eliminate the charitable immunity defense. Charity organizations could use the charitable immunity defense before the law’s passage.
So long as the carelessness was committed while the institution was proactively advancing its charity objective, the defense might totally shield the charity foundation from being sued for damages caused by its conduct. A personal injury lawyer Boston can help you get the compensation you deserve.
Who Is Affected By The Massachusetts Charity Cap?
The charity cap’s goal is to safeguard charitable organizations’ funds so that they can keep using their resources for philanthropic causes. Therefore, all charities are subject to the tort damage liability cap.
According to Massachusetts law, charitable organizations are those whose “dominant objective” is to advance the “public good” and benefit a sizable, unbounded population.
A few Instances of Charitable Organizations in Massachusetts.
- Institutions of religious
- companies, trusts, or associations that are nonprofit
It is up to the organization’s mission statement to determine if it qualifies as a charity. Every situation is different, and the judgment of whether an institution is a charity is fact-specific.
Which Massachusetts Lawsuits or Cases are Subject to the Charitable Cap?
All tort allegations made against a charity are subject to the charitable cap. Torts include civil wrongs like negligence, assault, and violence. Allegations of negligence are included in the majority of personal injury claims involving slips and falls and auto accidents. Any legal action that is not founded in tort law is not subject to the charitable cap.
What Sorts of Activities Are Included in Massachusetts’ Charitable Cap Limits?
The charitable cap statute, as previously established, restricts a charity’s responsibility for tort penalties for any wrongful act that occurs during any activity that is carried out to further the organization’s objectives.
Courts interpret this wording in every case differently. Typically, a charity’s operations can be divided into two categories: those that directly achieve altruistic aims and those that are essentially commercial in nature, such as raising money.
Do There Exist Any Exceptions To The Charitable Cap?
Even if a benevolent organization is shielded from liability by the charitable cap, not every organization member is. Employees, agents, and volunteers of charity organizations are exempt from the cap.
This exception applies because the charitable cap statute’s goal is to safeguard organizations’ resources so that they can be used for their philanthropic purposes.