Charitable immunity

From Wikipedia, the free encyclopedia

The legal doctrine of charitable immunity holds that a charitable organization is not liable under tort law. It originated in 19th century Britain.[1][2]

Between the 1940s and 1992, almost every state in the United States had abrogated or limited the charitable immunity doctrine.[3][4] The doctrine has also been abandoned in Britain and Canada.[5]

The doctrine has especially been relevant, or discussed, in the context of child sexual abuse[1][5] and medical malpractice[4].

Under the charitable immunity doctrine it was still possible to sue employees or volunteers of charitable institutions, so the doctrine's existence encouraged other legal arguments, such as the "captain of the ship" argument that a surgeon is responsible for everything that happens in an operating room.[6]

[edit] References

  1. ^ a b Marci Hamilton (Thursday, Nov. 29, 2007). How the Push for Religious Accommodation Can Go Too Far: Two Important Recent Examples.
  2. ^ Christian Brothers of Ireland in Canada - Charitable Immunity. carters.ca.
  3. ^ Jerold Oshinsky and Gheiza M. Dias (May 2002). "Liability of Not-for-profit organizations and Insurance Coverage for Related Liability" ([dead link] – Scholar search). The International Journal of Not-for-Profit Law 4 (2/3). 
  4. ^ a b Bradley C. Canon, Dean Jaros (Summer, 1979). "The Impact of Changes in Judicial Doctrine: The Abrogation of Charitable Immunity". Law & Society Review 13 (4): 969–986. doi:10.2307/3053152. 
  5. ^ a b Re Winding-up of the Christian Brothers of Ireland in Canada. 184 D.L.R. (4th) 445, Ontario Court of Appeal, Court File No. C29290, Doherty, Abella and Feldman JJ.A., Heard: April 14, 1999, Judgment rendered: April 10, 2000
  6. ^ Murphy EK (2001 Oct). ""Captain of the ship" doctrine continues to take on water". AORN J. 74 (4): 525–8. doi:10.1016/S0001-2092(06)61686-4. PMID 11665386.