Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S1426

Introduced
2/27/25  

Caption

Relative to damages from defective public ways

Impact

The proposed increase in the damage recovery limit could have significant implications for municipalities across Massachusetts. By raising the cap, the bill aims to ensure that citizens have adequate financial support for injuries sustained or property damaged due to neglected public ways, which local governments are responsible for maintaining. This change could lead to improved maintenance practices and enhance public safety measures, thus reducing the risk of accidents linked to defective infrastructure.

Summary

Senate Bill S1426, titled 'An Act relative to damages from defective public ways,' aims to increase the financial liability for municipalities regarding injuries and property damage caused by defective public ways. This bill proposes to amend Section 15 of Chapter 84 of the General Laws of Massachusetts by significantly raising the cap on recoverable damages from $5,000 to $50,000. The legislation acknowledges the public's need for greater safety and support when faced with hazards on public roads and paths, thereby emphasizing accountability for local governments in maintaining infrastructure.

Contention

While proponents argue that this bill is a necessary step to protect citizens and encourage responsible governance regarding public infrastructure, some objections could arise. Skeptics may fear that increasing the financial liability on municipalities could lead to larger budget strains, prompting cuts in other areas of public service or increased local taxes. Additionally, there may be concerns regarding the potential for an increased number of claims, which could burden local government resources and insurance plans. The balance between adequate public safety and fiscal responsibility will likely be a key point of contention in the discussions surrounding this bill.

Companion Bills

No companion bills found.

Previously Filed As

MA S913

Relative to archaic laws

MA S1125

Relative to treble damages

MA H3472

Relative to loading and alighting vehicles from car carriers on public ways

MA S916

Relative to governmental and charitable tort liability

MA S2085

Relative to towing protections

MA S1968

Relative to certain easements

MA H3323

Relative to liquid or gas flammable material spills on public ways

MA S1618

Relative to civil service resident preference

MA S1617

Relative to restoration to service

MA S1482

Relative to American Sign Language training

Similar Bills

No similar bills found.