Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 60J (2026)

Negligence actions for serving alcoholic beverages to minors or intoxicated persons; summary judgments

✓ current as of July 2026

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Section 60J. Every action for negligence in the distribution, sale or serving of alcoholic beverages to a minor or to an intoxicated person shall be commenced in the superior court department and shall proceed according to the Massachusetts Rules of Civil Procedure unless otherwise provided for by this section.

The plaintiff shall file, together with his complaint, or at such later time not to exceed ninety days thereafter, an affidavit setting forth sufficient facts to raise a legitimate question of liability appropriate for judicial inquiry.

Any party may make a motion for summary judgment pursuant to Rule 56 of the Massachusetts Rules of Civil Procedure. Any such motion shall be heard and decided promptly after issue is joined as to any party, unless the court enlarges the time for discovery. Said enlarged time for discovery shall not exceed ninety days, except on further order of the court.

On or within thirty days of filing a notice of appeal from summary judgment adverse to a plaintiff, the plaintiff shall file a bond in the amount of two thousand dollars for each adverse party on appeal secured by cash or its equivalent with the clerk of the appellate court in which the case is pending. Said bond shall be payable to the named adverse party or parties for costs assessed and attorney fees on appeal, if the appellant does not prevail on appeal. Upon motion filed by the plaintiff, and a determination by a single justice of the appellate court that the plaintiff is indigent, said justice may reduce or eliminate the amount of the bond.

If a judgment is entered for a plaintiff, the court shall report its judgment to the alcoholic beverages control commission.

Notes of Decisions

Cited in 18 cases (1 in the last 5 years), 1988–2022 · leading case: Bayless v. TTS Trio Corp., 49 N.E.3d 217 (Mass. 2016).

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Bayless v. TTS Trio Corp., 49 N.E.3d 217 (Mass. 2016). · cites it 3× “In this case, we are asked to determine whether an affidavit submitted pursuant to G. L. c. 231, § 60J (commonly referred to as the dram shop act), must be a sworn statement based upon personal knowledge.”

Lev v. Beverly Enter.-Massachusetts, Inc., 929 N.E.2d 303 (Mass. 2010). “8 Beverly has alleged that the plaintiff’s negligence claim fails as a matter of law because the plaintiff did not file an affidavit pursuant to G. L. c. 231, § 60J, which states, in pertinent part: “Every action for negligence in the distribution, sale or serving of alcoholic…”

Juliano v. Simpson, 461 Mass. 527 (Mass. 2012). “775, 780-782 [2002]); G. L. c. 231, § 60J (requiring that judgments be reported to Alcoholic Beverages Control Commission).”

Christopher v. Father's Huddle Café, Inc., 782 N.E.2d 517 (Mass. App. Ct. 2003). “138, § 34; G. L. c. 231, § 60J. 11 Where a commercial establishment sells alcohol to an underage drinker, we do not hesitate to impose a duty of care flowing to the public.”

Croteau v. Swansea Lounge, Inc., 522 N.E.2d 967 (Mass. 1988). “The text of the “dramshop act” now appears as G. L. c. 231, § 60J. See St. 1987, c. 465, § 60.”

William Terry v. Hosp. Mut. Ins. Co.., 101 Mass. App. Ct. 597 (Mass. App. Ct. 2022). “215, 216 (2016), quoting G. L. c. 231, § 60J. [Note 3] The judgment was against Canton Junction, Connors, and Cardona.”

Gottlin v. Herzig, 662 N.E.2d 706 (Mass. App. Ct. 1996). “175, § 112A, and G. L. c. 231, § 60J (requiring the plaintiff to file an affidavit containing facts supporting any claim against a tavern for negligence in the service of alcoholic beverages), the latter provision being designed to “promote the availability of [liquor] liability…”

Courtemanche v. Beijing Restaurant, Inc., 490 F. Supp. 2d 107 (D. Mass. 2007). · cites it 3× “Contribution Claim Second, 99 Restaurants contends that the contribution claim should be dis *110 missed because Beijing Restaurant failed to submit with its claim an affidavit as required by Mass. Gen. Laws ch. 231, § 60J. Beijing Restaurant responds that 1) the statutory…”

Brunelle v. Blaise, 18 Mass. L. Rptr. 556 (Mass. Super. Ct. 2004). “) (there was no “excusable neglect” in a case in which an affidavit required to be filed by G.L.c. 231, §60J was submitted one year after the deadline; excusable neglect means something other than garden variety neglect).”

Lev v. Beverly Enter.-Massachusetts, Inc., 907 N.E.2d 1114 (Mass. App. Ct. 2009). “he employment discipline or termination did not occur forthwith on the spot at the restaurant drinking scene? Should there be a legal shield from third-party liability to an employer which has such a policy, but no such legal shield for an employer which has not published such a…”

Chiulli v. Newbury Fine Dining, Inc., 895 F. Supp. 2d 277 (D. Mass. 2012). · cites it 8× “Because this court finds that Plaintiff failed to comply with the affidavit requirement of Mass. Gen. Laws ch. 231, § 60J, Defendants’ Motion for Partial Summary Judgment [# 52] is ALLOWED.”

Manjourea v. Nadeau, 25 Mass. L. Rptr. 154 (Mass. Super. Ct. 2009). · cites it 6× “The plaintiff argues that, as “the purpose of G.L.c. 231, §60J is to reduce the incidence of frivolous claims for injuries caused by the negligent distribution, sale or service of alcohol to [minors or] intoxicated persons,” Pucci v.”

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