Submitted by Derfie on Sun, 05/02/2010 - 07:25
My daughter was at a camp run by a non-profit organization during April vacation. She was injured (fairly severely) when one of the counselors accidentally drove a golf cart into her. Is it possible to sue a non-profit organization in Massachusetts for damages because of the negligence of one of their employees?
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Editor's Response
Yes, it is certainly possible. When Massachusetts enacted MA General Laws Chapter 231, Section 85k, we did away with the common law concept of charitable immunity. However, that section does impose a $20,000 cap on damages when a tort or some negligent act is " . . . committed in the course of any activity carried on to accomplish directly the charitable purpose." You should contact an Massachusetts injury attorney to discuss the specifics. Depending on the facts, the attorney might be able to argue that the negligence was committed outside of the charitable purpose, to allow you to obtain a larger recovery for your daughter's injury. Also, it is common for plaintiffs to avoid the $20k cap by suing the individual who actually committed the act on behalf of the charity(driving the golf cart, in your case.) Good luck. For more information, visit our Massachusetts Injury Law Discussion Forum.