Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 85T (2026)

Negligence action for serving alcohol to intoxicated person prohibited; exceptions

✓ current as of July 2026

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Section 85T. In any action for personal injuries, property damage or consequential damages caused by or arising out of the negligent serving of alcohol to an intoxicated person by a licensee properly licensed under chapter one hundred and thirty-eight or by a person or entity serving alcohol as an incident of its business but for which no license is required, no such intoxicated person who causes injuries to himself, may maintain an action against the said licensee or person or entity in the absence of wilful, wanton, or reckless conduct on the part of the licensee or such person or entity.

Notes of Decisions

Cited in 11 cases, 1991–2007 · leading case: Manning v. Nobile, 582 N.E.2d 942 (Mass. 1991).

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Manning v. Nobile, 582 N.E.2d 942 (Mass. 1991). · cites it 4× “6 The motion judge concluded that Marriott was entitled to the protection of *386 G. L. c. 231, § 85T (1990 ed.). 7 As a result, the judge ruled that at trial, Manning would have to demonstrate that Marriott’s actions were “wilful, wanton, or reckless.”

Nunez v. Carrabba's Italian Grill, Inc., 859 N.E.2d 801 (Mass. 2007). · cites it 5× “3 The defendants moved for summary judgment, contending that the plaintiff had presented no evidence that they had engaged in wilful, wanton, *173 or reckless conduct, as set forth by G. L. c. 231, § 85T, 4 requiring proof of such conduct for personal injury claims based on…”

Zeroulias v. Hamilton Am. Legion Assocs., Inc., 705 N.E.2d 1164 (Mass. App. Ct. 1999). · cites it 12× “229, § 2 (wrongful death), or only on proof of the defendant’s wilful, wanton, and reckless conduct, pursuant to G. L. c. 231, § 85T (civil action for negligently serving alcohol to an intoxicated person); (2) whether the “wilful, wanton, and reckless” standard of G.”

Sampson v. MacDougall, 802 N.E.2d 602 (Mass. App. Ct. 2004). · cites it 3× “” G. L. c. 231, § 85T. However, that statute arose to fill a gap in the law.”

Tobin v. Norwood Country Club, Inc., 422 Mass. 126 (Mass. 1996). · cites it 2× “We must also consider the bearing of G. L. c. 231, § 85T (1994 ed.), on this case.”

Commonwealth v. Chapman, 744 N.E.2d 14 (Mass. 2001). “912, 914 (1999) (G. L. c. 231, § 85T, requiring proof of wilful, wanton, and reckless conduct for personal injury claims of negligent serving of alcohol to intoxicated persons).”

Hamilton v. Ganias, 632 N.E.2d 407 (Mass. 1994). “” G. L. c. 231, § 85T (1992 ed.). Because of this statement of public policy limiting the liability of a commercial server of alcoholic beveragés to an intoxicated customer who injures himself, it is unlikely that this court would hold a social host to a stricter standard.”

Pucci v. Amherst Restaurant Enter., Inc., 605 N.E.2d 309 (Mass. App. Ct. 1992). “” The court held (i) that the first claim was governed by G. L. c. 231, § 85T — a statute imposing a standard of recklessness *785 where the plaintiff is injured by his own conduct, and such injuries arise out of the negligent serving of alcohol — and (ii) that the second claim,…”

Griffith v. United States, 858 F. Supp. 278 (D. Mass. 1994). · cites it 2× “Second, it argues that plaintiffs negligence claims are governed by Mass.Gen.L. ch. 231, § 85T, which bars claims for personal injuries resulting from the negligent service of alcohol to an intoxicated person who causes injury to herself in the absence of wilful, wanton or…”

Nunez v. Carrabba's Italian Grill, Inc., 20 Mass. L. Rptr. 115 (Mass. Super. Ct. 2005). · cites it 20× “Both Carrabba’s and the Palace have moved for summary judgment, contending that Nunez has presented no evidence that they engaged in wilful, wanton, or reckless conduct, as required by G.L.c. 231, §85T. Nunez contends that this statute does not apply to an adult, but underage,…”

Freeman v. Massachusetts Bay Tpk. Auth., 12 Mass. L. Rptr. 621 (Mass. Super. Ct. 2000). “That decision held, in answer to a reported question arising from a liquor licensee’s alleged service of an intoxicated person, that the comparative negligence statute “does not apply to intentional or wilful, wanton, or reckless conduct,” as alleged under the liquor liability…”

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