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Supporters urge repeal of Massachusetts' $20,000 charitable-immunity cap, calling it outdated

2935416 · April 8, 2025
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Summary

Victims' advocates, attorneys and Representative Gentile urged the Judiciary Committee to eliminate the charitable-immunity cap (G.L. c.231, §85K), arguing the $20,000 limit for most tort claims — and $100,000 for malpractice — leaves seriously injured plaintiffs undercompensated and shifts costs to taxpayers.

Representative Gentile and several witnesses urged the Joint Committee on the Judiciary to favorably report H.17‑23/S.11‑93, a bill to remove the charitable-immunity cap codified in General Laws chapter 231, section 85K.

Representative Gentile described how the current statutory cap yields inequitable outcomes when deeply resourced nonprofit institutions are defendants, saying that an individual struck and severely…

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