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General Laws of Massachusetts - Chapter 231 Pleading and Practice. - Section 1 1A. Repealed, 1975, 377, Sec. 73

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[ Text of section effective until July 31, 2008. For text effective July 31, 2008, see below.]

  Section 85Y. Notwithstanding any general or special law to the contrary, the owner of any property containing premises operated by a person other than such owner as a child care facility shall not be subject to any claim, liability or penalty arising from or based upon any injury to person or loss or damage to property sustained or occurring on or about such premises unless such injury, loss or damage is proximately caused by the negligence or misconduct of such owner or its agents, contractors or employees. This section shall not be deemed to limit or otherwise modify the provisions of any lease or other contract between such owner and the operator of such child care facility. As used in this section, the term "child care facility'' shall mean a day care center or a school age child care program, as those terms are defined in section nine of chapter twenty-eight A.

Chapter 231: Section 85Y. Child care facilities; liability of owner of property for injury or damage on premises

[ Text of section as amended by 2008, 215, Sec. 81 effective July 31, 2008. For text effective until July 31, 2008, see above.]

  Section 85Y. Notwithstanding any general or special law to the contrary, the owner of any property containing premises operated by a person other than such owner as a child care facility shall not be subject to any claim, liability or penalty arising from or based upon any injury to person or loss or damage to property sustained or occurring on or about such premises unless such injury, loss or damage is proximately caused by the negligence or misconduct of such owner or its agents, contractors or employees. This section shall not be deemed to limit or otherwise modify the provisions of any lease or other contract between such owner and the operator of such child care facility. As used in this section, the term "child care facility'' shall mean a child care center or a school-aged child care program, as defined in section 1A of chapter 15D.

Last modified: March 17, 2010