Bill > H1724

This bill modernizes public liability laws in Massachusetts by comprehensively rewriting Chapter 258 of the General Laws. The bill establishes clear definitions for key terms like "public employee", "public employer", and "serious personal injury", and creates a systematic approach to handling liability claims against government entities. It provides a framework for how public employees can be sued, defended, and potentially indemnified, while limiting personal liability for employees acting within the scope of their duties. The legislation allows claims to be filed directly in court without prior presentment, sets a three-year statute of limitations for most claims, and establishes a mediation process to encourage fair and prompt resolution of disputes. The bill requires public employers to have insurance or a self-insurance program managed by the Attorney General, and specifies conditions under which public employees can be indemnified, such as actions taken within the scope of their official duties. Importantly, the bill excludes certain types of claims from liability, such as those arising from discretionary actions, failure to provide specific services, or release of prisoners, while maintaining protections for individuals who suffer harm due to explicit assurances of safety or negligent maintenance of public property.

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https://malegislature.gov/Bills/194/H1724