Massachusetts Tort Laws

According to LexisNexis’ Lex Machina division, more than 14,300 tort cases were litigated across the U.S. in 2022. With the exception of 2013 and 2016, this was the lowest recorded number of suits in the country in the last decade.

In spite of this, over 16,000 cases have been tracked as of October 2023, already exceeding the 2021 figure of 15,799. To date, Walmart is the top defendant in tort cases nationwide, with most of them involving slips and falls.

Though the number of cases fluctuates annually, torts occur more commonly than most people might think. They can stem from various causes, ranging from car accidents to defective products. Torts involve various types of damages, which means they differ from personal injury matters that only focus on physical harm. As such, they can be more complex to litigate and resolve.

To help people in Massachusetts involved in a tort-related incident, this article will give an overview of the state’s tort laws and guidelines. It will also provide resources for legal assistance and information for Bay Staters who wish to learn more about their options.

Basic Tort Categories in Massachusetts

Negligent Torts

In Massachusetts, a negligent tort occurs when a person injures another due to their negligence. This stems from their failure to exercise the proper and reasonable care that would normally be required of them in a given situation. In general, negligent torts can include:

• Motor vehicle accidents.

• Medical malpractice.

• Slips and falls.

• Premises liability.

To prove that a person is liable for negligence in a tort case, the following legal elements must be established:

• The defendant owed a duty of reasonable care to the plaintiff.

• The defendant breached that duty of care.

• The plaintiff was injured in an incident caused by that breach of duty.

• The defendant’s breach of duty was the cause of the plaintiff’s injury.

Intentional Torts

Intentional torts differ from negligent ones in that they stem from an intentional action committed by a person. In short, they occur when an individual willfully inflicts harm on another.

In cases involving intentional torts, a defendant’s general or specific intent must be determined. Under the former, the defendant acted intentionally but without aiming for specific consequences. On the other hand, specific intent means that the defendant both acted willfully and with the goal of achieving a particular outcome.

Furthermore, when determining intent, courts in Massachusetts often refer to a defendant’s state of mind at the time when the intentional tort occurred. They do this by referring to available evidence and the specific circumstances during that time.

Examples of intentional torts are as follows:

• Assault and battery.

• Fraud.

• False imprisonment.

• Intentional infliction of emotional distress.

• Trespass to land or chattel.

Strict Liability Torts

When strict liability torts occur, a person is held liable for their actions, even if they did not act intentionally or negligently. In these cases, the plaintiff must only prove that the tort in question occurred to establish liability.

Strict liability torts commonly involve product liability, wherein a product causes harm due to manufacturing or design defects. They may also stem from ultrahazardous activities such as:

• Blasting.

• Crop dusting.

• Demolition.

• The storage, transportation, or disposal of hazardous materials.

Dog Bites

Under Massachusetts law, dog owners are subject to strict liability rules if their pet injures another person or damages their property. An exception occurs if the individual was trespassing on the dog owner’s property. Additionally, strict liability rules will not apply if the person was teasing, abusing, or harming the dog before being bitten.

However, if a dog bites a child who is under seven years old, the court will presume that the child was not trespassing or bothering the dog when the incident occurred. The burden of proving otherwise will fall upon the dog’s owner.

Other Tort Categories in Massachusetts

Economic Torts

Another type of tort in Massachusetts is business or economic tort. It often arises from fraudulent or dishonest acts in a commercial setting. This kind of tort can be committed by a company or its employees, though there are times when other individuals may commit it against a business.

Compared to other tort matters, economic torts are often more complex because they involve commercial issues, laws, and technical details. They can include:

• Breaches of fiduciary duty.

• Breaches of privacy.

• Copyright infringement.

• Unfair trade practices.

• Misrepresentation.

Public and Private Nuisances

Nuisances refer to actions committed by other people that interfere with the comfort, safety, or wellbeing of others. They are classified as either public or private, depending on who is affected.

Public nuisances occur when a person or entity negatively interferes with something that affects the general public. A real-life example of this involves a sriracha factory in Irwindale, California, that was declared a public nuisance by local officials in 2014. This took place when people reportedly suffered breathing problems after inhaling the fumes emanating from it.

In most cases, a public nuisance complaint is filed by the local government on the public’s behalf. However, a private citizen may also do so if they have been inconvenienced by the nuisance more than others. Additionally, they may enjoin a government complaint with their own.

In contrast, a private nuisance only affects one or a few individuals whose use or enjoyment of their property is negatively impacted by another’s actions. For example, it can involve a neighbor who disrupts another homeowner with loud noises, foul odors, or excessively bright lights.

Courts determine nuisances based on their severity and whether they are necessary for a property owner’s livelihood. For instance, lawn mowing cannot be considered a nuisance in spite of the noise it creates since it is needed for a property’s maintenance.

Tort vs. Crime in Massachusetts

While torts and crimes may sound similar, there are key differences between the two concepts. Torts involve damages caused by the negligent actions of another person or entity. On the other hand, crimes are wrongful acts that break established laws and inflict harm on society as a whole.

It should be noted that certain wrongful actions can be both a crime and a tort. In short, a defendant can be punished by the law while also being held liable for a victim’s damages. Similarly, they can be made to pay damages even if they are acquitted of a crime.

Some examples of actions that are considered both crimes and torts are:

• Assault and battery.

• Theft.

• Fraud.

• False imprisonment.

• Homicide.

• Other instances of wrongful death.

Torts and crimes also follow different types of liability. A person is found liable for a tort through the preponderance of evidence. This means it is more likely than not that they committed the negligent act in question. Meanwhile, criminal liability must be proven beyond reasonable doubt, making it more difficult to establish.

Mass Torts in Massachusetts

Mass torts happen when a wrongful act or omission results in harm to multiple people. In most cases, they involve incidents caused by defective products such as faulty vehicles, improperly manufactured appliances, and unsafe drugs.

If a mass tort occurs in Massachusetts, each victim must file and handle their own lawsuit because the details of each case may be different. Additionally, courts must determine which state or federal laws apply to a specific victim’s case.

Another potential obstacle in a mass tort case is a conflict of interest. Specifically, some victims may require more compensation than others, unnecessarily prolonging the case for those whose claims can be addressed with immediate settlements. Moreover, if a court chooses aggregation or global resolution to resolve complaints, not all parties may agree to it.

On the other hand, victims in a mass tort case can combine their resources for evidence gathering. This allows them to alleviate the high legal costs involved in finding information to support their individual cases.

Mass Torts vs. Class Actions

Like with mass torts, class action lawsuits are options in cases where there are multiple victims. Generally, they are filed by those who have suffered harm due to the negligence of a large corporation or manufacturer.

In a class action suit, specific representatives take legal action on behalf of all the other plaintiffs in the case. Those with injuries similar to those of the main claimants may join if the court allows a class action to proceed. This means that the parties in a class action are often more numerous than those in a mass tort.

There are specific federal requirements that govern whether a class action can be initiated, namely:

• The plaintiffs are too numerous to be joined in one lawsuit.

• The questions of law or fact are commonly shared by those involved.

• The claims or defenses of the chosen representatives are similar to the claims or defenses of the plaintiffs.

• The chosen representatives will protect the interests of the plaintiffs fairly and adequately.

Typically, a class action takes less time to resolve than a mass tort. However, only a single settlement or damage award will be given to all the plaintiffs. This means that victims cannot pursue individual settlements or damages, like in a mass tort lawsuit.

The Mass Tort Process

When plaintiffs in Massachusetts file a mass tort claim, they must first work with their attorneys to gather relevant information. They should provide details related to their medical history, including any accidents or illnesses they have experienced. This information helps determine whether these details would affect their case’s arguments.

After this, the plaintiffs’ lawyers will work together to determine whether there is a similarity or uniformity between each plaintiff’s case. They will identify the nature and severity of the victims’ injuries and connect them to the defendant’s negligence. Afterward, they will bring the cases to trial under one federal court, where they will be processed through multi-district litigation.

When a mass tort lawsuit proceeds, the court may try some of the cases under a bellwether trial. This often occurs when there are too many cases to try via multi-district litigation. The parties involved, including the court, may choose which cases can go through a bellwether trial.

The outcome will give the remaining plaintiffs an idea of how their respective cases can turn out. This allows their lawyers to adjust their legal strategies accordingly and determine what they can expect in court.

The process and requirements for mass tort cases may vary with each plaintiff. Those who wish to learn more about the proceedings can speak to an attorney.

Massachusetts Tort Liability Insurance Requirements

Because businesses are often the defendants in general and mass tort cases, it is recommended that they have tort or business liability insurance. Though this policy is not required for most businesses, it can alleviate a company’s costs if they are sued for damages.

Generally, tort liability pays for the damages of victims and the legal costs involved. The amount of coverage a company should get often depends on factors like:

• The size and nature of its business.

• The number of employees it has.

• Its degree of interaction with the public.

Massachusetts requires certain entities — limited liability companies and partnerships — to have liability insurance. Under state law, the minimum required amount of coverage for these entities is $500,000 per claim and an annual aggregate of $1 million.

The Statute of Limitations for Tort Cases in Massachusetts

According to Massachusetts’ civil statute of limitations, plaintiffs in general and mass torts have a maximum of three years to take legal action. The same timeframe applies to claims made against the Commonwealth. If a plaintiff misses these deadlines, they will be barred from recovering any damages.

However, if the plaintiff in a case is a minor or is mentally incapacitated, Massachusetts’ three-year deadline will be “tolled” or paused. This means it will begin counting down from the date when the person turns 18 or recovers from their mental incapacity.

Additionally, if a defendant fraudulently conceals their liability from the plaintiff, the statute of limitations will not include the duration of the concealment as part of its countdown. The deadline will also continue counting only after the concealment ends.

How Much Can Someone Sue in a Tort Case in Massachusetts?

When pursuing a tort claim in Massachusetts, victims can be compensated for both economic and non-economic losses. These include damages related to medical costs, lost income, pain and suffering, and emotional distress.

The specific facts of each victim's case will determine the amount of money they receive for their damages. Massachusetts does not limit recoverable damages in most tort cases. However, it does recognize the following exceptions:

• A cap of $500,000 for non-economic damages in medical malpractice cases.

• A cap of $100,000 for compensatory damages in claims against government employers.

  • This cap does not apply to claims against the Massachusetts Bay Transportation Authority for damages related to serious bodily injury.

• Punitive damages are only enforceable in wrongful death cases.

  • Additionally, this only applies if there is enough evidence proving that the defendant acted with willful or wanton misconduct.

The state’s modified comparative negligence doctrine can also affect damage awards in tort cases. Under this rule, a plaintiff who shares part of the blame in a case will have their total awarded damages deducted. The amount reduced is determined by the percentage of their liability. If their fault reaches or exceeds 51%, they will be prohibited from recovering any damages.

Because of the factors that can affect the total amount of damages, plaintiffs may work with a litigation attorney who can help them  figure out their losses and assess their legal options.

Other Legal Remedies in Tort Cases in Massachusetts

Injunctions

Courts in Massachusetts can issue injunctions as another legal remedy in civil cases, including torts. Injunctions typically start with temporary restraining orders, which can be issued at any time without prior notification to the defendant. This occurs if there is enough evidence to suggest that the plaintiff might suffer further irreparable and immediate harm.

A temporary restraining order lasts up to 10 days, though it can be extended if there is sufficient cause to do so. While it is in effect, the plaintiff can apply for a preliminary injunction at a hearing. This functions similarly to a temporary restraining order, though it is more enduring.

Unlike a temporary restraining order, a defendant must be notified before a preliminary injunction can be issued against them. If a plaintiff decides not to apply for a preliminary injunction, the court will lift the temporary restraining order after its duration expires.

Restitution

Victims of certain torts that are also categorized as crimes may be compensated through restitution under federal law. The court gives an order for restitution when sentencing a defendant. Once the defendant has served a part of their sentence, the order will be enforced. A probation officer will determine the schedule for a defendant’s restitution payments.

The amount of money a victim can get for restitution is based on how much they lost and the defendant's financial situation.

Legal Resources for Tort Victims in Massachusetts

Massachusetts Bar Association

The MassBar website allows residents in the state to look for potential legal representation through its Lawyer Referral Service. The organization also has a monthly Dial-A-Lawyer program that lets people contact an attorney who can address their legal questions for free.

Mass.gov - Court Forms

The official Massachusetts website has a catalog of court forms that people can download and use for civil law matters. There are verified complaint and temporary restraining order forms for those who seek injunctions in tort cases. Other usable documents are also linked there for proceedings in the state’s Superior, Housing, District, and Municipal Courts.

Massachusetts Legal Resource Finder

Massachusetts Legal Resource Finder is an online platform that offers access to legal assistance and self-help resources. Users can visit its website to look for information regarding various civil law topics. The platform also helps low-income Bay Staters look for organizations or court programs that can assist them in their respective cases.