Mass. Gen. Laws » Part I Title XV Chapter 93
Massachusetts General Laws

Mass. Gen. Laws ch. 93, § 86 (2026)

Actions for damages or other relief; actions involving use or non-use of defibrillator

✓ text as last checked Sept. 2026 (this copy records no edition or section history)
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Section 86. Any buyer who has suffered any injury as a result of a violation of sections seventy-eight to eighty-eight, inclusive, or the attorney general, may bring an action for recovery of damages or other relief, including injunctive relief, multiple damages and attorney's fees, as and to the extent provided for under chapter ninety-three A. Nothing in sections seventy-eight to eighty-eight, inclusive, shall be construed so as to nullify or impair any right or rights which a buyer may have against a seller at common law, by statute, or otherwise. The provisions of said sections seventy-eight to eighty-eight, inclusive, are not exclusive and do not relieve the seller or his assignees or the contracts subject to said sections from compliance with all other applicable provisions of law.

Absent a showing of gross negligence or willful or wanton misconduct, no cause of action against a health club or its employees may arise in connection with the use or non-use of a defibrillator.

Notes of Decisions
Cited in 4 cases (1 in the last 5 years), 1990–2023 · leading case: Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1 (1st Cir. 2007).
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Ruiz v. Bally Total Fitness Holding Corp., 496 F.3d 1 (1st Cir. 2007). “See Mass. Gen. Laws ch. 93, § 86 (providing a private right of action for any consumer who has “suffered any injury .”
Yevgenia Albats Town Sports Int'l, Inc. d/b/a Boston Sports Club, & Another, No. 2002-04920 (Mass. Super. Ct. Oct. 12, 2023). · cites it 2× “Health Club Services Act Count I of Albats' amended complaint seeks damages pursuant to G.L. c. 93,§ 86. However. as she fails to allege any injury, she lacks standing to bring this claim.”
Holiday Universal, Inc. v. Haber, 1990 Mass. App. Div. 69 (Mass. Dist. Ct., App. Div. 1990). · cites it 2× “Pursuant to G.L c. 93, § 86, partial summary judgment on the issue of liability is to be entered for the defendant on her G.”
Strong v. Noel Mgmt. Corp., 29 Mass. L. Rptr. 106 (Mass. Super. Ct. 2011). “112, §12V and G.L.c. 93, §86. The standard set by both statutes in order to establish liability on the part of the defendant in this case is that of gross negligence or willful, wanton misconduct Taken in a light most favorable to the plaintiff in this case, the record of now…”
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