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July 2016 Archives

Massachusetts Recreational Use Statute Doesn't Bar Claim of Mother Who Bought Tickets for Her Kids

blog-img2.jpgMassachusetts, like many states, has what is known as a recreational use statute.  Recreational use statutes provide some amount of immunity to landowners who open their property to the public for recreational use.  Pursuant to the Massachusetts statute, landowners who open their property to the public for recreational purposes without imposing a charge or fee are not liable for personal injury, absent willful, wanton, or reckless contact.  G.L. c. 21, ยง 17C(a).  The statute therefore encourages landowners to open their property up to the recreational use of the public for free.  The Massachusetts Appeals Court recently considered whether it barred a negligence claim of a woman who was injured by a go-cart while her children were driving go-carts, when the mother had not paid an admission fee for herself but had purchased ride tickets for her sons, in the case of Amaral v. Seekonk Grand Prix Corp.

Massachusetts Arbitration Required Only for Claims Covered by Arbitration Agreement

Many businesses include alternative dispute resolution provisions as a standard part of their contracts. Sometimes, however, one party would prefer to litigate its claims against the other. Under Massachusetts law, a party cannot be required to arbitrate any claim that is not covered by the agreement to arbitrate.

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