• Massachusetts Court Rules on Regulatory Violations and Chapter 93A
  • June 6, 2013
  • Law Firm: Sugarman Rogers Barshak Cohen P.C. - Boston Office
  • The Massachusetts Supreme Judicial Court has decided an important case on liability under the state’s consumer-protection statute, Chapter 93A. In Klairmont v. Gainsboro Restaurant, Inc., which involved the death of a college student after he fell down a flight of stairs at a bar, the court upheld a trial judge’s finding of Chapter 93A liability, even though her finding on causation conflicted with that of the jury in the same case. But the SJC but reversed most of the trial judge’s damages award, and made clear that the case was exceptional in that “not all building code violations—indeed very few—will give rise to violations of ch. 93A,” a clarification of the law that may prove to be the decision’s most important feature.