Charitable immunity

Charitable immunity

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

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

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

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.

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