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N Cal Attorney
N Cal Attorney, Lawyer
Category: Intellectual Property Law
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Experience:  Since 1983
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What is charitable immunity? how are people able to sue the

Customer Question

what is charitable immunity ? how are people able to sue the church regarding
sexual acts ?
Submitted: 1 year ago.
Category: Intellectual Property Law
Expert:  N Cal Attorney replied 1 year ago.

Thank you for your question.

The charitable immunity doctrine does not apply to intentional misconduct, such as sexual assault and statutory rape.

I hope this information is helpful.

Customer: replied 1 year ago.

KINDLY EXPLAIN WHAT DOES IT APPLY TOO AND WHY ?

GIVE AN EXAMPLE.

Expert:  N Cal Attorney replied 1 year ago.

http://definitions.uslegal.com/c/charitable-immunity/

states:

"Charitable immunity is an immunity from civil liability and particularly as regards ***** ***** that is granted to a charitable or nonprofit organization. The legal doctrine of charitable immunity holds that a charitable organization is not liable under tort law.

Charitable Immunity Act has been construed to immunize a church from a personal injury claim by a church member who trips and falls while exiting the church after attending services. [Thomas v. Second Baptist Church of Long Branch, 337 N.J. Super. 173 (App.Div. 2001)]"

As stated in Silva v. Providence Hospital of Oakland , 14 Cal.2d 762, 764-765:

"In many states, corporations organized for charitable purposes and operating as such enjoy immunity with respect to liability for wrongs occurring through the negligence of their servants and employees, if those employees have been selected and retained in the exercise of due care. However, there is much inconsistency and confusion among the decisions which follow this rule, due in large measure to the fact that the courts do not all base it upon the same theory. Possibly the one most generally stated is the so-called trust fund doctrine, first announced by an English court in 1848. (Heriot's Hospital v. Ross, 12 Clark & F. 507; 8 Eng. Reprint 1508.) According to this view the patron deals with the charity upon the condition that the trust assets are not available to him for the payment of damages. Another theory upon which the rule of nonliability has been based is that by implied contract one who accepts the services or care of a corporation organized and operating for charitable purposes waives his right to hold it liable for tort. Other courts have held that such an organization should not be held liable for tort upon the ground of public policy."

The doctrine has been applied to negligence committed against a patient at a charitable hospital, but the doctrine was completely abolished in California by judicial decision in 1951, see

http://scocal.stanford.edu/opinion/malloy-v-fong-29492

I hope this information is helpful.

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