Mass. Gen. Laws » Part III Title II Chapter 231
Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85D (2026)

Imputing negligence of parent or custodian to infant

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 85D. In all actions to recover damages for injury to the person or property of an infant, the negligence of the parent or other custodian of the infant shall not be imputed to the infant from the fact of such parenthood or custodianship.

Notes of Decisions
Cited in 9 cases, 1947–2002 · leading case: Kerins v. Lima, 680 N.E.2d 32 (Mass. 1997).
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Kerins v. Lima, 680 N.E.2d 32 (Mass. 1997). “118, § 1; G.L. c. 231, § 85D (inserted by St. 1945, c.”
Draper v. Kids \R\" Us", 1996 Mass. App. Div. 27 (Mass. Dist. Ct., App. Div. 1996). “The trial judge properly allowed plaintiff’s request for ruling number 17 as to the effect of §85D.”
Harrison v. United States, 233 F. Supp. 2d 128 (D. Mass. 2002). “Mass. Gen. Laws ch. 231, § 85D. III. CONCLUSION Guided by the teachings of the First Circuit, this Court holds that the information withheld from Taft — regarding the comparative risks of vaginal childbirth and C-sections — was material.”
Ferris v. Turner, 70 N.E.2d 715 (Mass. 1947). “For all that appears in the bill of exceptions, the defendants may have contended at the trial that there was negligence on the part of a parent or custodian of the child in permitting her to cross the street unattended.”
Miller v. Fickett, 724 N.E.2d 354 (Mass. App. Ct. 2000). “1984) (children “obviously cannot, in all instances, be held to the same standard as adults, because they often cannot in fact meet it, nor are they generally expected to”).”
Borden v. New York, 158 N.E.2d 464 (Mass. 1959). “See, as to the common law counts, and to actions for death of an infant, G. L. c. 231, § 85D, as added by St. 1945, c.”
Willander v. Faust, 359 N.E.2d 662 (Mass. App. Ct. 1977). “Although this would have been an incorrect application of the law (G. L. c. 231, § 85D, inserted by St. 1945, c.”
Weir v. New York, 162 N.E.2d 793 (Mass. 1959). “See G. L. c. 231, § 85D; Borden v. New York, N.”
Weir v. New York, 162 N.E.2d 793 (Mass. 1959). “See G.L.c. 231, § 85D; Borden v. New York, N.”
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