Legal Definitions - eleemosynary defense

Definition:Eleemosynary defense is a type of charitable immunity that provides exemption from tort liability to charitable organizations. It is a defense to tort liability that is conferred upon an entire group or class of persons or entities under circumstances where considerations of public policy are thought to require special protection for the person, activity, or entity in question at the expense of those injured by its tortious act.

Example: A non-profit organization that provides free medical services to the poor is protected by eleemosynary defense. If a patient suffers an injury due to the negligence of the organization, the patient cannot sue the organization for damages.

Explanation: Eleemosynary defense is based on the idea that charitable organizations provide a valuable service to the community and should not be burdened with the cost of defending against tort claims. However, this defense has been eliminated or restricted in most states due to concerns about fairness and accountability.