Which term describes the defense that shields charitable organizations from liability?

• A. Immunity
• B. Sovereign immunity; governmental immunity
• C. Governmental immunity
• D. Charitable immunity

Answer: (D)

Charitable immunity is the defense designed to shield charitable organizations from liability. It’s a specific form of immunity that applies to charities, rather than to government entities. The other terms describe protections that belong to the government (sovereign or governmental immunity) or are just a broad notion of immunity, which doesn’t pinpoint the protection charities receive. Charitable immunity historically protected charities from certain tort claims to encourage charitable work, though many jurisdictions have narrowed or repealed it, and where it exists it typically covers acts performed in the course of charitable activities by volunteers or workers, with exceptions for willful misconduct or professional negligence.