Massachusetts General Laws

Mass. Gen. Laws ch. 161A, § 38 (2026)

Liability; board supervision of investigation, settlement and defense of all claims

✓ current as of July 2026

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Section 38. The authority shall be liable for the acts and negligence of the directors on the board and of the servants and employees of the authority in the management and operation of the authority and of the properties owned, leased and operated by it, but the directors shall not be personally liable except for malfeasance in office.

The board shall have charge of and supervise the investigation, settlement and defense of all such claims and of all other suits or actions relating to the property or arising out of the construction, maintenance or operation of the authority.

Notes of Decisions

Cited in 12 cases (1 in the last 5 years), 2001–2022 · leading case: Lavecchia v. Massachusetts Bay Transp. Auth., 804 N.E.2d 932 (Mass. 2004).

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Lavecchia v. Massachusetts Bay Transp. Auth., 804 N.E.2d 932 (Mass. 2004). · cites it 17× “The sole issue before us is whether the plaintiff’s claims are governed by the two-year statute of limitations on personal injury claims against the MBTA, see G. L. c. 161A, § 38, 2 or by the three-year statute of limitations on personal injury claims arising from a “defect” in…”

Smith v. Massachusetts Bay Transp. Auth., 968 N.E.2d 884 (Mass. 2012). · cites it 3× “25, § 123; G. L. c. 161A, § 38, as amended by St. 2009, c.”

Craig Harrison & Another v. Massachusetts Bay Transp. Auth.., 101 Mass. App. Ct. 659 (Mass. App. Ct. 2022). · cites it 3× “In November 2009, the Legislature added the MBTA to the list of "public employers" covered by the Massachusetts Tort Claims Act, and struck the entire second paragraph of G. L. c. 161A, § 38. See St. 2009, c. 25, §§ 112-113, 123 (2009 amendments).”

Clifton v. Massachusetts Bay Transp. Auth., 839 N.E.2d 314 (Mass. 2005). “815, 819-821 [1984]; G. L. c. 161A, § 38), but that any punitive portion of the damages award should include postjudgment interest only.”

DeRoche v. Massachusetts Comm'n Against Discrimination, 848 N.E.2d 1197 (Mass. 2006). “The interest allowed in the Clifton decision was based on express language in G. L. c. 161A, § 38, which provides that the MBTA shall be liable in tort “in the same manner as though it were a street railway company” and sets no cap on the amount of damages recoverable.”

Trs. of Health & Hospitals of the City of Boston, Inc. v. Massachusetts Comm'n Against Discrimination, 839 N.E.2d 861 (Mass. App. Ct. 2005). “However, in passing, we make two observations: first, in Clifton, this court concluded that the Massachusetts Bay Transportation Agency (MBTA) was not shielded by sovereign immunity because of the scope of tort liability as defined in a statute, G. L. c. 161A, § 38, not because…”

Clifton v. Massachusetts Bay Transp. Auth., 815 N.E.2d 614 (Mass. App. Ct. 2004). “258, but by a separate statute, G. L. c. 161A, § 38, which provides that the MBTA shall be liable in tort in the same manner as though it were a street railway company and sets no cap on the amount of damages recoverable.”

Massachusetts Bay Transp. Auth. v. City of Somerville, 451 Mass. 80 (Mass. 2008). “” G. L. c. 161A, § 38. See, e.g., Magaw v. Massachusetts Bay Transp.”

Lavecchia v. Massachusetts Bay Transp. Auth., 792 N.E.2d 687 (Mass. App. Ct. 2003). “” The second paragraph of § 21 now appears in G. L. c. 161A, § 38, as added by St. 1999, c.”

Craig Harrison & Barbara Ruchie, on Behalf of Themselves & All Others Similarly Situated v. Massachusetts Bay Transp. Auth. (Mass. Super. Ct. 2020). · cites it 5× “See G.L. c. 161A, § 38. This argument is foreclosed by the SJC's Smith decision.”

Rassias v. Massachusetts Bay Transp. Auth., 27 Mass. L. Rptr. 25 (Mass. Super. Ct. 2010). · cites it 3× “At the time of Rassias’ injury, G.L.c. 161A, §38 provided that actions against the MBTA “for .”

Chickel v. Massachusetts Bay Transp. Auth., 2001 Mass. App. Div. 241 (Mass. Dist. Ct., App. Div. 2001). “Does the two-year statute of limitations *242 imposed by G.L.c. 161A, §38 apply so as to bar the action, or rather does the more general three-year statute of limitations set forth in G.”

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