The Massachusetts Tort Claims Act is such a waiver, and it controls the way claims can be made against the government for the negligence of its employees. A tort is an act or omission that injures another.Torts give a victim the right to file an injury claim against their tortfeasor. If you believe that you have sustained personal injury or property damage for which DCR may be liable, you may file a claim. A tort case in Massachusetts is a legal claim or action against a civil wrong. The Massachusetts Tort Claims Act (G. Section 6D: Damages for pain and suffering in tort actions arising out of operation, etc. Negligence is failing to act with a level of care that a reasonable person would have used in the same situation. Massachusetts operates under a theory of law known as "pure joint and several liability. The first requirement is that liability must be reasonably clear.
