Massachusetts
STATUTE OF LIMITATIONS
Personal Property: 3 Years
Personal Injury: 3 Years
Breach of Contract (Written): 6 Years
Breach of Contract (Oral): 6 Years
Conversion: 6 Years
Statute of Repose (Real Property): 6 Years
Statute of Repose (Products): N/A
Breach of Warranty: 3 Years
GOVERNMENT LIMITATIONS/NOTICE REQUIREMENTS
Written notice required within 2 years of claim accrual for claims against public entities
PIP/MED PAY SUBROGATION
PIP: YES
MED PAY: NO
CONTRIBUTORY NEGLIGENCE
Modified Comparative – 51%
Plaintiff cannot recover if 51% or more at fault (if found to be 50% at fault, plaintiff can recover)
PARENTAL RESPONSIBILITY
Limitation on Parents’ Liability: $5,000.00
Liable when child under between 7 and 18 causes willful injury or damage to property
CERTIFICATE/AFFIDAVIT OF MERIT REQUIREMENT
There is generally no requirement for filing a certificate or affidavit of merit for claims against professionals
JOINT AND SEVERAL LIABILITY
Pure joint and several liability
Each defendant may be held liable for the entire loss
VICARIOUS LIABILITY
AGAINST OWNER OF VEHICLE: NO
MADE WHOLE DOCTRINE
Does not apply
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