Massachusetts 2023-2024 Regular Session

Massachusetts Senate Bill S916

Introduced
2/16/23  

Caption

Relative to governmental and charitable tort liability

Impact

The proposed amendments significantly impact the tort liability landscape in Massachusetts by exempting claims of sexual abuse against minors from the existing damages cap. This alteration seeks to provide greater recourse for victims of such offenses, allowing them to pursue claims that truly reflect the extent of their suffering and provide for their needs. Furthermore, it enhances accountability for public employees and contractors, thus promoting a legal environment conducive to protecting vulnerable populations.

Summary

Bill S916, known as 'An Act relative to governmental and charitable tort liability', introduces amendments to the existing Massachusetts laws surrounding the limitations on damages for tort claims against governmental entities and charitable organizations. The primary focus of the bill is to modify the current $100,000 cap on damages that victims could claim for injuries caused by public entities and employees, particularly in instances of serious offenses like sexual abuse of minors. This change is aimed at ensuring that victims have the ability to seek justice and adequate compensation, reflecting an understanding of the severe implications of such abuses.

Contention

Notable points of contention surrounding S916 include debates over the implications of lifting the damages cap. Supporters argue that it is crucial for justice and safeguarding the welfare of minors, stating that prior limitations may deter victims from coming forward or receiving fair compensation. Conversely, some opponents may express concerns about potential increases in liability for public and charitable entities, arguing that such changes could burden these organizations financially or stifle their operations in the face of increased claims. This underscores the ongoing tension between supporting victims and ensuring the sustainability of public services.

Final_thought

Overall, Bill S916 reflects a significant shift toward prioritizing victims’ rights within the tort system, especially regarding sensitive cases of sexual abuse against minors. Its passage would represent a commitment to improved protections and avenues for justice, albeit amidst a landscape where financial implications for state and nonprofit entities must be carefully navigated.

Companion Bills

MA S2932

Similar To Eliminating the statute of limitation in civil child sexual abuse cases

Previously Filed As

MA H1830

Relative to governmental and charitable tort liability

MA S2853

Eliminating the statute of limitation in civil child sexual abuse cases

MA S1169

Enhancing remedies for survivors of childhood sexual abuse

MA H4199

Protecting victims of childhood sexual abuse and holding perpetrators accountable

MA H1724

To modernize public liability

MA S678

Relative to motor vehicle liability insurance requirements

MA H1833

Enhancing remedies for survivors of childhood sexual abuse

MA H1639

Relative to eliminating liability limits for abuse of a minor

MA H2185

Relative to the charitable donation of not readily marketable food

MA HB2373

Torts; Governmental Tort Claims Act; modifying limits of liability; effective date.

Similar Bills

No similar bills found.