Bill > H3055

This bill makes several key changes to tort claims against public employers in Massachusetts: 1. It expands the definition of "public employee" to include foster caregivers for claims by children or adults in their care. 2. It allows public employers to be liable for "abuse of discretion" and gross negligence, in addition to negligent or wrongful acts. Public employers will be jointly and severally liable with employees for intentional torts. 3. It sets a $500,000 cap on damages per incident, except for claims of serious bodily injury against the Massachusetts Bay Transportation Authority which are not subject to this cap. 4. It requires public employees to cooperate in the defense of claims against them, or face potential joint liability. 5. It establishes procedures for presenting claims against public employers and for arbitrating, compromising, or settling such claims. 6. It provides for indemnification of public employees up to $1 million for certain intentional torts or civil rights violations, but not for willful, wanton, or malicious conduct. 7. It outlines several exceptions where public employers are not liable, such as for discretionary functions, tax assessments, and failure to provide police or fire protection. 8. It allows for punitive damages up to 100% of actual damages in cases of gross negligence, abuse of discretion, intentional torts, or malicious/willful misconduct. 9. It provides for full pre-judgment interest and attorneys' fees if the plaintiff is awarded at least 50% of the claimed damages and the public employer did not make a settlement offer of at least that amount prior to trial.

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https://malegislature.gov/Bills/190/H3055