Massachusetts · statute · Mass. Gen. Laws ch. 229 · 12 active provisions
Section 1. If the life of a person is lost by reason of a defect or a want of repair of or a want of a sufficient railing in or upon a way, causeway or bridge, the county, city, town or person by law obliged to repair the same shall, if it or he had previous reasonable notice of the defect or want of repair or want of…
Section 2. A person who (1) by his negligence causes the death of a person, or (2) by willful, wanton or reckless act causes the death of a person under such circumstances that the deceased could have recovered damages for personal injuries if his death had not resulted, or (3) operates a common carrier of passengers a…
Section 2B. Except as otherwise provided in chapter one hundred and fifty-two, if, as the result of the negligence of an employer himself, or of a person for whose negligence an employer is liable under section one of chapter one hundred and fifty-three, an employee is instantly killed, or dies without conscious suffer…
Section 5A. The causing of a death under such circumstances as would create liability under section one, two or two B on the part of a person, if alive at the time of such death, shall create a like liability on his part if such death occurs after his own death and such liability may be enforced against the executor or…
Section 6. In any civil action brought under section two or five A, damages may be recovered for conscious suffering resulting from the same injury, but any sum so recovered shall be held and disposed of by the executors or administrators as assets of the estate of the deceased.
Section 6A. All sums recovered under section one, two, two B or five A shall, if and to the extent that the assets of the estate of the deceased shall be insufficient to satisfy the same, be subject to the charges of administration and funeral expenses of said estate, to all medical and hospital expenses necessitated b…
Section 6B. In the event that any sum recovered under section six comes into the hands of the executor or administrator of the deceased after the expiration of one year after the date of the death of the deceased, such sum shall be treated as new assets of the estate of the deceased within the meaning of section eleven…
Section 6C. Except as otherwise provided in chapter one hundred and fifty-two, if a cause of action exists against an employer under section one of chapter one hundred and fifty-three, or because of the negligence of the employer himself, for an injury resulting in death which is not instantaneous or is preceded by con…
Section 6D. If an action is brought under section two B, or if the action is brought by the legal representatives under the preceding section or under section one of chapter one hundred and fifty-three, such action shall not fail by reason of the fact that it should have been brought under the other section, but at any…
Section 6E. If under section two B or section six C damages are awarded for death or for injury and death, they shall be assessed with reference to the degree of culpability of the employer or of the person for whose negligence the employer is liable. The amount of damages which may be awarded in an action brought unde…
Section 6F. An action under section two B or section six C shall be subject to all the provisions of section six of chapter one hundred and fifty-three relative to notice to the employer of the time, place and cause of injury, and the time within which the action shall be commenced; provided, however, that the time for…
Section 11. In any civil action in which a verdict is given or a finding made for pecuniary damages for the death, with or without conscious suffering, of any person, whether or not such person was in the employment of the defendant against whom the verdict is rendered or finding made, there shall be added by the clerk…