Parker Waichman Alonso, LLP - www.statutes-of-limitations.com

Charitable Immunity

Abolished

ALABAMA

Charities are liable for the torts of their servants.

ALASKA

Charitable immunity is not recognized.

ARIZONA

Not recognized.

ARKANSAS

Charitable immunity exists but actions may be brought directly against insurance company insuring charity in certain circumstances.

CALIFORNIA

No charitable immunity.

COLORADO

Abolished

CONNECTICUT

No charitable immunity.

DELAWARE

Abolished

DISTRICT OF COLUMBIA

Generally abolished.

FLORIDA

Abolished

GEORGIA

Still applies.

HAWAII

Uncertain. Immunity goes to: charitable, religious and non-profit organizations. Health care providers who report blood test results to police. Insurance commissioner and employees.

IDAHO

Charitable immunity applies with certain exceptions. Non profit organizations and its unpaid volunteers immune from liability except in situations set forth by 6-1605.

ILLINOIS

Abolished

INDIANA

Abolished

IOWA

Abrogated as to paying hospital patients.

KANSAS

Abolished

KENTUCKY

Abolished. Officers, directors trustees and volunteers of charitable organizations received limited immunity if they are not compensated for their services, and if acting in good faith within the scope of official functions and duties.

LOUISIANA

Abolished

MAINE

Applies unless charity is insured and then liability is limited to amount of insurance.

MARYLAND

Exists with certain exceptions involving hospitals and nursing homes. Immunity of hospitals and nursing homes exists only ifinsured for not less than $100,000 and only as to excess over insurance limits.

MASSACHUSETTS

Waived, but may limit liability in certain situations. If tort is committed in course of any activity carried on to accomplish directly charitable purposes of body liability in any case of action shall not exceed $20,000.

MICHIGAN

Abolished

MINNESOTA

Abolished

MISSISSIPPI

Abolished except for some limited exceptions.

MISSOURI

Abolished except for some limited exceptions.

MONTANA

Although not abrogated by statute, Federal Court has imposed such liability.

NEBRASKA

Abrogated

NEW HAMPSHIRE

Abolished

NEW JERSEY

Remains in effect in certain situations and is limited in amount in others. Therefore, specific statutes should be consulted. Notwithstanding foregoing, liability of nonprofit hospitals to beneficiary limited to $250,000 per accident, but no limit placed on liability to non-beneficiary.

NEW YORK

Abolished

NORTH CAROLINA

Abolished

NORTH DAKOTA

Abolished

OHIO

Abolished

OKLAHOMA

Waived. Limited Immunity for volunteers who perform duties for charitable or non for profit organizations.

OREGON

Abolished

PENNSYLVANIA

Abolished

PUERTO RICO

None

RHODE ISLAND

Abolished

SOUTH CAROLINA

Abolished, but restricted by statute as to level of proof and amount recoverable. Limits of recovery against charitable hospital to $100,000. Injured person may recover up to limits of uninsured or underinsured coverage if actual damages from injury or death arose from use or operation of motor vehicles and exceed $250,000.

SOUTH DAKOTA

Not specifically waived but recoveries are permitted when insurance exists.

TENNESSEE

Abolished

TEXAS

Limited by statute but does not apply to reckless or intentional conduct.

U.S. VIRGIN ISLANDS

No statutory provisions.

UTAH

Person who renders emergency care at or near scene of or during emergency, gratuitously and in good faith, not liable for any civil damages or penalties as result of any act or omission by person rendering emergency care, unless person is grossly negligent or caused emergency.

VERMONT

Abolished

VIRGINIA

Exists, except modified in cases of hospitals.

WASHINGTON

Abolished

WEST VIRGINIA

Abolished

WISCONSIN

Abolished

WYOMING

Abolished