The Charitable Immunity Act does not protect the YMCA from liability for negligence.

In a case previously seen as a discussion of when a waiver does not apply to an activity that is not inherent to the sport (swimming) but to general premises liability (slip on a wet floor), the Essex County trial court and the Superior Court of New Jersey went through several discussions on reconsideration to reach the ultimate determination that the YMCA could not be immune from liability as a charitable organization within the intendment of N.J. S.A. 2A:53-7. Ultimately, the court found that the organization was not “clearly” organized for religious or educational purposes, subjecting the YMCA to an evidentiary hearing on whether it was “charitable.” Because a majority of its revenue was derived from sources other than contributions and grants, the court found it was not.

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