Massachusetts

 
 
 
 
 
 
 
 
 
 
 
 
 
 

Statutes of Limitations (MASSACHUSETTS)

Personal Injury - 3 yrs. [M.G.L.A. 260 § 2A]

Wrongful Death - 3 yrs. (from date of death or from discovery by executor/administrator) [M.G.L.A. 229 § 2]

Med Mal - 3 yrs. from discovery (but no later than 7 yrs. from act/omission) [M.G.L.A. 260 § 4]

Property Damage - 3 yrs. [M.G.L.A. 260 § 2A]

Contracts (Written and Oral) (not involving Personal Injury) - 6 yrs. [M.G.L.A. 260 § 2]

Contracts (Personal Injury involved) - 3 yrs. [M.G.L.A. 260 § 2A]

Breach of Warranty (Implied or Express) (in tort-based actions) - 3 yrs. [M.G.L.A. 106 § 2-318]

Contracts of Sale (goods) and Breach of Warranty (not involving tort-based actions) - 4 yrs. (from tender of delivery) [M.G.L.A. 106 § 2-725]

Cause of Action Pursuant to Consumer Protection Act (M.G.L.A. 93A § 9) - 4 yrs. (after 30-day notice before filing suit) [M.G.L.A. 93 § 13]

 

“Discovery rule” usually applies in negligence actions and tolls the statute of limitations until Plaintiff knows (or reasonably should have known) that it has been harmed or may have been harmed by the defendant's conduct  [Taygeta Corp. v. Varian Associates, Inc., 763 N.E.2d 1053 (Mass. 2002)]

Statutes of Repose (MASSACHUSETTS)

Products - None.

Construction of Real Property - 6 yrs. [M.G.L.A. 260 § 2B]

Claims Against Public/Gov. Entities (NOTE: “sovereign immunity” rules may apply) (MASSACHUSETTS)

Against State/City/County - Notice within 2 yrs. and Suit within 3 yrs. (if the claim is denied or 6 mos. have lapsed) [M.G.L.A. 258 § 4; 260 § 3A]

Comparative Negligence (MASSACHUSETTS)

Modified comparative (damages are diminished in proportion to Plaintiff’s fault, but Plaintiff cannot recover if he is 51% at fault) [M.G.L.A. 231 § 85].  But neither contributory nor comparative negligence or fault is a full or partial defense to an action for personal injury or wrongful death based on breach of warranty [Correia v. Firestone Tire & Rubber Co., 446 N.E.2d 1033 (Mass. 1983)]

 

 

Made Whole Doctrine (MASSACHUSETTS)

Not recognized.

 

Economic Loss Doctrine (ELD) (Assuming No Injury to Person or Damage to “Other Property”) (MASSACHUSETTS)

Recognized/applied.  Purely economic losses are unrecoverable in tort and strict liability actions absent personal injury or property damage [Aldrich v. ADD Inc., 770 N.E.2d 447 (Mass. 2002)].  Product at issue with respect to claims by purchasers of buildings containing foam roof insulation against manufacturers of the insulation was the completed building, so that damage resulting from defects in the insulation was damage to the building itself, and ELD foreclosed recovery by purchasers on negligence and strict liability claims [Sebago, Inc. v. Beazer East, Inc., 18 F.Supp.2d 70 (D. Mass. 1998)]

 

Actions involving negligent misrepresentation is an exception ELD [Craig v. Everett M. Brooks Co., 222 N.E.2d 752 (Mass. 1967)].  Design professionals such as architects are not exempt from liability for negligent misrepresentation to one where there is no privity of contract [Nota Const. Corp. v. Keyes Associates, Inc., 694 N.E.2d 401 (Mass. App. 1998)]

 

 

 

Certificate/Affidavit Of Merit Requirements (Claims Against Licensed Professionals) (MASSACHUSETTS)

No requirements.

 

 

Landlord/Tenant Subrogation (MASSACHUSETTS)

“Sutton Rule” applies and no subrogation allowed, but only when residential leases are involved.  Absent an express lease provision establishing Tenant's liability, Landlord's insurance is deemed held for the mutual benefit of both parties [Peterson v. Silva, 704 N.E.2d 1163 (Mass. 1999)].  “Stutton Rule” does not apply to commercial leases/tenant [Seaco Ins. Co. v. Barbosa, 761 N.E.2d 946 (Mass. 2002)]

 

 

Reimbursement of Deductible(s) (MASSACHUSETTS)

No law available.

 

MedPay and PIP (MASSACHUSETTS)

MedPay - No subrogation allowed and/or no such coverage is available. PIP - Subrogation allowed.

 

 

Liability of Parents (MASSACHUSETTS)

$5,000 for willful acts (including theft) [M.G.L.A. 231 § 85G]

 

 

 

Joint Liability (MASSACHUSETTS)

Joint and severally liability (Plaintiff may recover all damages from any Defendant regardless of Defendant’s individual share of liability) [M.G.L.A. 231B § 1]

 

Independent Cause of Action for Intentional or Negligent Evidence Spoliation (MASSACHUSETTS)

There is no cause of action for spoliation of evidence [Fletcher v. Dorchester Mut. Ins. Co., 773 N.E.2d 420 (Mass. 2002)]

 

 

Conflicts of Law (MASSACHUSETTS)

Torts - Massachusetts will apply the law of another state if that jurisdiction has a greater interest in the application of its own law [Pevoski v. Pevoski, 358 N.E.2d 416 (Mass. 1976)].  Contracts - Court will analyze which state has the most significant relationship to the transaction [Nile v. Nile, 734 N.E.2d 1153 (Mass. 2000)]

 

 

Massachusetts