Legal Definitions - eleemosynary defense

The term eleemosynary defense refers to a legal doctrine also widely known as charitable immunity. This defense historically provided protection to charitable organizations from being held liable for negligence or other harms caused to individuals, even in situations where a for-profit entity would typically face a lawsuit. The primary purpose of this defense was to encourage and support charitable activities by shielding non-profit organizations from the financial burden and distraction of litigation, thereby allowing them to dedicate their resources to their mission.

While once a very broad protection, the scope of the eleemosynary defense has been significantly limited or even abolished in many jurisdictions over time. Modern applications often require charities to carry insurance, or the defense may only apply under specific conditions, such as protecting volunteers acting within the scope of their duties, or for certain types of organizations.

• Example 1: Community Soup Kitchen

  Imagine a volunteer at a non-profit community soup kitchen accidentally spills a tray of hot food, causing a minor burn to a diner. If the diner decides to sue the soup kitchen for negligence, the organization might attempt to use the eleemosynary defense. Depending on the specific laws in that state, this defense could potentially limit or prevent the soup kitchen from being held liable for the volunteer's accidental actions, especially if the volunteer was unpaid and acting in good faith to serve the community. The defense would argue that holding the charity fully liable for such an incident could jeopardize its ability to continue providing essential services.

• Example 2: Non-Profit Animal Shelter

  Consider a non-profit animal shelter that hosts an adoption event. During the event, a dog, known to be generally docile, unexpectedly nips a visitor's hand, causing a minor injury. If the visitor decides to sue the shelter, the shelter might invoke the eleemosynary defense. The defense would argue that as a charitable organization dedicated to animal welfare, it should be protected from liability for unforeseen incidents, particularly if it took reasonable precautions. This protection aims to prevent a lawsuit from diverting critical funds away from the shelter's mission of caring for animals and finding them homes.

• Example 3: Church-Organized Youth Retreat

  A local church organizes a free summer youth retreat for teenagers. During an outdoor activity, one of the participants trips over an uneven patch of ground and sprains an ankle. If the teenager's parents sue the church for negligence in maintaining the activity area, the church might raise the eleemosynary defense. This defense would contend that because the church is a non-profit religious organization providing a charitable service (the retreat), its liability for such an accident should be limited or waived. The intent is to prevent legal claims from financially burdening the church and hindering its ability to offer community and religious programs.