You asked if any states have caps on damages against nonprofit institutions.

Three states have caps on certain kinds of damages against nonprofit entities (Colorado - the limit of the entity's insurance coverage, Massachusetts - $20,000, and South Carolina - $250,000), according to “State Liability Laws for Charitable Organizations and Volunteers” p. 8-9, published by the Nonprofit Risk Management Center, September 2001. In addition, the document lists nine states that still have a common law doctrine of “charitable immunity”: Alabama, Arkansas, Georgia, Maine, Maryland, New Jersey, Virginia, Utah, and Wyoming. These states prohibit lawsuits against nonprofits engaged in charitable activities under certain conditions, but contain a number of exceptions and vary in the conditions under which the immunity applies. Generally, the immunity applies only to acts of ordinary negligence, not to intentional, willful acts. To read the 118-page publication, which includes descriptions of various charitable immunity laws in the 50 states chart, see: http://www.nonprofitrisk.org/pubs/PDFs/ssl_01rev.pdf. We have enclosed copies of excerpts concerning the states discussed here.

Connecticut abolished its general charitable immunity doctrine in 1967 (CGS § 52-557d) but, like many other states, has a number of protections for volunteers and nonprofit organizations' volunteer directors and officers. OLR Reports 2003-R-0062 and 2003-R-0285 provide related information that may be of interest (copies enclosed).

HN:ro