# Title 32 — Judicial Remedies

## Chapter 32-03.3 — Charitable Organization Immunity

### § 32-03.3-01. Definitions.

As used in this chapter, unless the context otherwise requires:
1. "Charitable organization" means a nonprofit organization whose primary purpose is for
relief of poor, disabled, underprivileged, or abused persons, support of youth and
youth programs, or the prevention of abuse to children and vulnerable adults.
2. "Claim" means any claim for money damages brought against a charitable
organization or an employee of the charitable organization for an injury caused by the
charitable organization or an employee of the charitable organization acting within the
scope of the employee's employment.
3. "Employee" means every present or former officer or employee of the charitable
organization or any person acting on behalf of the charitable organization in an official
capacity, temporarily or permanently, with or without compensation.
4. "Injury" means personal injury, death, or property damage.
5. "Occurrence" means an accident, including continuous or repeated exposure to a
condition, which results in an injury.
6. "Personal injury" includes bodily injury, mental injury, sickness, or disease sustained by
a person and injury to a person's rights or reputation.
7. "Property damage" includes injury to or destruction of tangible or intangible property.
8. "Scope of employment" means the employee was acting on behalf of the charitable
organization in the performance of duties or tasks of the charitable organization
assigned to the employee by the charitable organization.
### § 32-03.3-02. Liability of charitable organizations - Limitations - Statute of limitations.

(Effective through June 30, 2029)
1. A charitable organization may be only held liable for money damages for a personal
injury or property damage proximately caused by the negligence or wrongful act or
omission of an employee acting within the employee's scope of employment.
2. The liability of the charitable organization under this chapter is limited to a total of three
hundred seventy-five thousand dollars per person and one million dollars for any
number of claims arising from any single occurrence. The charitable organization may
not be held liable, or be ordered to indemnify an employee held liable, for punitive or
exemplary damages. The liability limits under this subsection must be adjusted
annually as follows:
a. On July 1, 2025, a total of four hundred six thousand two hundred fifty dollars per
person and one million six hundred twenty-five thousand dollars for any single
occurrence.
b. On July 1, 2026, a total of four hundred thirty-seven thousand five hundred
dollars per person and one million seven hundred fifty thousand dollars for any
single occurrence.
c. On July 1, 2027, a total of four hundred sixty-eight thousand seven hundred fifty
dollars per person and one million eight hundred seventy-five thousand dollars
per occurrence.
3. An action brought under this chapter must be commenced within the period provided
in chapter 28-01.
Liability of charitable organizations - Limitations - Statute of limitations. (Effective
after June 30, 2029)
1. A charitable organization may be only held liable for money damages for a personal
injury or property damage proximately caused by the negligence or wrongful act or
omission of an employee acting within the employee's scope of employment.
2. The liability of the charitable organization under this chapter is limited to a total of five
hundred thousand dollars per person and two million dollars for any number of claims

arising from any single occurrence. The charitable organization may not be held liable,
or be ordered to indemnify an employee held liable, for punitive or exemplary
damages.
3. An action brought under this chapter must be commenced within the period provided
in chapter 28-01.
