Vipnet discussion Forums: Commonwealth Competition Council: Charitable Immunity? A Virginia Problem.

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By Vernon Holloman on Friday, January 5, 2001 - 12:07 pm:

Not to long ago the Daily Press newspaper, serving Williamsburg, Newport News and Hampton ran a front page headline which read "Virginian's, Do you know of Charitable Immunity?". The article described a six year old boy whose thumb was severed when someone at a Boys and Girls Club slammed a door on it. Apparently, the boy had to endure various reconstructive surgeries and the family tried to sue for damages until their attroney informed them that in Virginia you can't sue non-profit organizations unless "you", the injured person, can "prove" in court that the incident was an act of malice or wilfull intent or gross negligence. Notice here that the burden of proof is on the plaintiff or injured person. It this same incident happened in a tax paying commercial facility such as a commercial child care center or health club the owners of that facility would be praying that they pruchased enough insurance to cover the loss. This is just one more example of a clear market advantage that tax exempt organizations have.


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