Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85K (2026)

Limitation of tort liability of certain charitable organizations; liability of directors, officers or trustees of educational institutions

✓ current as of July 2026

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Section 85K. It shall not constitute a defense to any cause of action based on tort brought against a corporation, trustees of a trust, or members of an association that said corporation, trust, or association is or at the time the cause of action arose was a charity; provided, that if the tort was committed in the course of any activity carried on to accomplish directly the charitable purposes of such corporation, trust, or association, liability in any such cause of action shall not exceed the sum of twenty thousand dollars exclusive of interest and costs; and provided further, that in the context of medical malpractice claims against a nonprofit organization providing health care, such cause of action shall not exceed the sum of $100,000, exclusive of interest and costs. Notwithstanding any other provision of this section, the liability of charitable corporations, the trustees of charitable trusts, and the members of charitable associations shall not be subject to the limitations set forth in this section if the tort was committed in the course of activities primarily commercial in character even though carried on to obtain revenue to be used for charitable purposes.

No person who serves as a director, officer or trustee of an educational institution which is, or at the time the cause of action arose was, a charitable organization, qualified as a tax-exempt organization under 26 USC 501(c)(3) and who is not compensated for such services, except for reimbursement of out of pocket expenses, shall be liable solely by reason of such services as a director, officer or trustee for any act or omission resulting in damage or injury to another, if such person was acting in good faith and within the scope of his official functions and duties, unless such damage or injury was caused by willful or wanton misconduct. The limitations on liability provided by this section shall not apply to any cause or action arising out of said person's operation of a motor vehicle.

Notes of Decisions

Cited in 89 cases (4 in the last 5 years), 1973–2026 · leading case: Ayash v. Dana-Farber Cancer Inst., 33 Media L. Rep. (BNA) 1513 (Mass. 2005).

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Ayash v. Dana-Farber Cancer Inst., 33 Media L. Rep. (BNA) 1513 (Mass. 2005). · cites it 7× “The judge heard motions filed by Dana-Farber and Livingston for the entry of judgment notwithstanding the verdicts; a motion filed by Dana-Farber requesting that the charitable cap, G. L. c. 231, § 85K, be applied to the judgment against it; a motion filed by the Globe…”

Keene v. Brigham & Women's Hosp., Inc., 439 Mass. 223 (Mass. 2003). · cites it 10× “We are asked to decide whether (1) a default judgment on liability was properly entered as a sanction for the defendant’s failure to produce in discovery relevant hospital records that it admittedly had lost; (2) damages assessed against the defendant are limited by the $20,000…”

Harlow v. Chin, 545 N.E.2d 602 (Mass. 1989). · cites it 14× “We remand to the Superior Court, however, to enter a judgment against Massachusetts General Hospital limited by the statutory cap of $20,000, pursuant to G.L.c. 231, § 85K (1988 ed.), and to determine whether certain prejudgment benefits received by the plaintiff should be…”

Conners v. Ne. Hosp. Corp., 789 N.E.2d 129 (Mass. 2003). · cites it 12× “The trial judge allowed Northeast’s motion to amend the judgment to $20,000, pursuant to G. L. c. 231, § 85K, which limits the liability of charitable corporations to that amount.”

Linkage Corp. v. Trs. of Boston Univ., 679 N.E.2d 191 (Mass. 1997). · cites it 5× “This result, at the appellate level, is uncontestable in the absence of clear error of fact or law, which has not been made to appear.”

Mullins v. Pine Manor Coll., 449 N.E.2d 331 (Mass. 1983). · cites it 4× “[2] Pursuant to G.L.c. 231, § 85K, the trial judge reduced the amount of the judgment against the college to $20,000.”

Keene v. Brigham & Women's Hosp., Inc., 775 N.E.2d 725 (Mass. App. Ct. 2002). · cites it 7× “1209 (1984), was not warranted by the circumstances of this case and that the judge lacked the power to strike, as an additional sanction, the statutory $20,000 cap on damages recoverable from a charitable corporation for a tort committed in the course of the performance of its…”

Morrison v. Lennett, 616 N.E.2d 92 (Mass. 1993). · cites it 5× “The defendants sought a pretrial ruling 5 that the $20,000 statutory damages cap contained in G. L. c. 231, § 85K (1990 ed.), on the tort liability of charitable organizations applied to all the defendants in the case.”

St. Clair v. Trs. of Boston Univ., 521 N.E.2d 1044 (Mass. App. Ct. 1988). · cites it 9× “In addition, he ruled that the charitable immunity statute, G.L. c. 231, § 85K, required that the one recovery be limited to $20,000.”

Weber v. Cmty. Teamwork, Inc., 752 N.E.2d 700 (Mass. 2001). · cites it 2× “151B, and argue that any damages awarded for violations of that statute by the defendants should, in any event, be capped at $20,000 pursuant to G. L. c. 231, § 85K. Finally, they challenge the award to Weber of attorney’s fees for so much of her G.”

Miller v. Risk Mgmt. Found. of the Harvard Med. Institutions, Inc., 632 N.E.2d 841 (Mass. App. Ct. 1994). · cites it 4× “6 Miller and his wife achieved verdicts against the hospital of, respectively, $278,000 and $130,000, but each was reduced to $20,000 in principal amount pursuant to G. L. c. 231, § 85K, which limits a tort recovery against a charitable institution to that sum (see partial text…”

Missett v. Cardinal Cushing High Sch., 680 N.E.2d 563 (Mass. App. Ct. 1997). · cites it 6× “The trial judge, who had reserved the question of whether the charit *6 able immunity “cap,” G. L. c. 231, § 85K, applied in the case, concluded that the dance was not an “activity carried on to accomplish directly the charitable purposes” of the defendant.”

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— Mass. Gen. Laws ch. 231, § 85K(2) — 1 case

Callis v. New England Tel. & Tel. Co., 4 Mass. L. Rptr. 628 (Mass. Super. Ct. 1995).

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