WeVote
Log In

Bill

Bill

H 1723

An Act to eliminate the charitable immunity cap

194th Legislature (2025-2026) Introduced by Carmine Gentile and 3 co-sponsors

Massachusetts bill eliminates the financial liability cap for charitable organizations, exposing nonprofits to unlimited legal damages but potentially expanding compensation available to injured parties.

Hearing scheduled for 04/08/2025 from 01:00 PM-02:30 PM in A-2
0
WeVote Research Nonpartisan
Bill Summary · H 1723

Legislative bill overview

H 1723 seeks to remove the financial cap on charitable immunity in Massachusetts, which currently limits the liability exposure of charitable organizations. Charitable immunity is a legal doctrine that protects nonprofits and charitable institutions from certain lawsuits, but Massachusetts law places a dollar limit on this protection. This bill would eliminate that cap entirely.

Why is this important

Charitable immunity directly affects how much compensation victims can recover when harmed by nonprofits—including hospitals, schools, religious organizations, and social service agencies. The change would either significantly expand protections for charitable organizations or, conversely, expose them to unlimited liability depending on one's perspective. This impacts both the accessibility of justice for victims and the financial sustainability of charitable institutions.

Potential points of contention

  • Victim compensation vs. organizational protection: Removing the cap could allow larger damage awards for injured parties, but may burden charities with costs that reduce their charitable services or increase insurance premiums
  • Inequitable liability standards: Critics may argue it's unfair that for-profit businesses and nonprofits face different liability rules, or conversely, that charities deserve special protections given their public benefit mission
  • Insurance and operational costs: Unlimited liability exposure could make it prohibitively expensive for some charitable organizations to obtain insurance, potentially forcing closures or service reductions in vulnerable communities

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.