The three statutory exemptions from charitable immunity are gross negligence, recklessness and willful misconduct. The terms do not have exact legal definitions, but “gross negligence” is generally understood to mean failing to act to prevent harm when the potential for harm is so evident as to seem inevitable. Recklessness is behavior that will result in harm despite intent, and “willful misconduct” usually means that a person or organization ignored repeated warnings about potential harms.
EJL