Bill Text: MA S1850 | 2009-2010 | 186th General Court | Introduced
Bill Title: For legislation relative to the public duty rule
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2009-01-20 - Public Hearing date 1/28 at 1:00 AM in Hearing Room A1 [S1850 Detail]
Download: Massachusetts-2009-S1850-Introduced.html
The Commonwealth of Massachusetts
_______________
PRESENTED BY:
Walsh, Marian (SEN)
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To the
Honorable Senate and House of Representatives of the Commonwealth of
Massachusetts in General
Court assembled:
The undersigned legislators and/or citizens respectfully petition for the passage of the accompanying bill:
An Act concerning the public duty rule.
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PETITION OF:
|
Name: |
District/Address: |
|
Walsh, Marian (SEN) |
Suffolk and Norfolk |
[SIMILAR MATTER FILED IN PREVIOUS
SESSION
SEE SENATE, NO. S01037 OF 2007-2008.]
The Commonwealth of
Massachusetts
_______________
In the Year Two Thousand and Nine
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An Act concerning the public duty rule.
Be
it enacted by the Senate and House of Representatives in General Court
assembled, and by the authority of the same, as follows:
SECTION 1. Section 10 of chapter 258 of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by adding after subparagraph (j) the following new subparagraph: -
(k) Notwithstanding the provisions contained in sections (e) through (j), inclusive, where the threat of harm created by the negligent act or failure to act of a public employer or employee was of a reasonably foreseeable nature, and a claim is brought by a party who could not reasonably have protected himself or herself from that threat of harm, a special relationship and duty of care shall exist between the public employer or employee and that party. Where this special relationship and duty of care exists or is owed, the public employer shall be liable for any harm caused by the negligent act or failure to act of the public employer or employee.
