Massachusetts General Laws ch. 106 sec. 2A-216 – Lack of Privity in Actions Against a Manufacturer, Supplier or Lessor of Goods
Section 2A–216. Lack of privity between plaintiff and defendant shall be no defense in any action brought against the manufacturer, supplier or lessor of goods to recover damages for breach of warranty, express or implied, or for negligence, although the plaintiff did not rent or lease the goods from the defendant if the plaintiff was a person whom the manufacturer, supplier or lessor might reasonably have expected to use, consume or be affected by the goods. The manufacturer, supplier or lessor may not exclude or limit the operation of this section. Failure to give notice shall not bar recovery under this section unless the defendant proves that he was prejudiced thereby. All actions under this section shall be commenced within three years next after the date the injury and damage occurs.
Terms Used In Massachusetts General Laws ch. 106 sec. 2A-216
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Goods: means all things that are movable at the time of identification to the lease contract, or are fixtures (Section 2A–309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. See Massachusetts General Laws ch. 106 sec. 2A-103
- Lessor: means a person who transfers the right to possession and use of goods under a lease. See Massachusetts General Laws ch. 106 sec. 2A-103
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Supplier: means a person from whom a lessor buys or leases goods to be leased under a finance lease. See Massachusetts General Laws ch. 106 sec. 2A-103