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Charitable Immunity

Abolished

ALABAMA

Charities are liable for the torts of their servants.

ALASKA

Charitable immunity has been abolished.

ARIZONA

has been abolished.

ARKANSAS

Charitable immunity exists but actions may be brought directly against insurance companies 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.

ILLINOIS

Abolished

INDIANA

Abolished

IOWA

Abrogated as to paying hospital patients.

KANSAS

Abolished

KENTUCKY

Abolished.

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.

MICHIGAN

Abolished

MINNESOTA

Abolished

MISSISSIPPI

Abolished.

MISSOURI

Abolished.

MONTANA

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

NEBRASKA

Waived.

NEW HAMPSHIRE

Abolished

NEW JERSEY

Remains in effect in certain situations and is limited in amount in others. Therefore, specific statutes should be consulted.

NEW YORK

Abolished

NORTH CAROLINA

Abolished

NORTH DAKOTA

Abolished

OHIO

Waived.

OKLAHOMA

Waived.

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.

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

Sovereign Immunity waived. $25,000 maximum recovery.

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

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Jurisdiction List

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  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
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  • Texas Statute of Limitations
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  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
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  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
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