Section 38 Liability; board supervision of investigation, settlement and defense of all claims - Massachusetts Statutes

[ First paragraph effective until July 1, 2009. For text effective July 1, 2009, see below.]

  Section 38. The authority shall be liable for the acts and negligence of the directors on the board and of the servants and employees of the authority in the management and operation of the authority and of the properties owned, leased and operated by it to the same extent as though the authority were a street railway company, but the directors shall not be personally liable except for malfeasance in office.

[ First paragraph as amended by 2009, 25, Sec. 112 effective July 1, 2009. See 2009, 25, Sec. 185. For text effective until July 1, 2009, see above.]

  The authority shall be liable for the acts and negligence of the directors on the board and of the servants and employees of the authority in the management and operation of the authority and of the properties owned, leased and operated by it, but the directors shall not be personally liable except for malfeasance in office.

[ Second paragraph effective until July 1, 2009. Deleted by 2009, 25, Sec. 113. See 2009, 25, Sec. 185.]

  The authority shall be liable in tort to passengers, and to persons in the exercise of due care who are not passengers or in the employment of the authority, for personal injury and for death and for damages to property in the same manner as though it were a street railway company; provided that any action for such personal injury or property damage shall be commenced only within two years next after the date of such injury or damage and in case of death only within two years next after the date of the injury which caused the death.

  The board shall have charge of and supervise the investigation, settlement and defense of all such claims and of all other suits or actions relating to the property or arising out of the construction, maintenance or operation of the authority.