I recently blogged that the MBTA , due to recent legislative changes, is now subject to caps on its liability in the amount of $100,000.00. An exception to the $100,000.00 cap is when there is a “serious bodily injury” which the legislation defines as “bodily injury which results in a permanent disfigurement, or loss or impairment of a bodily function, limb, or organ.”

Also significant is the Statute of Limitations for claims against the MBTA has now been changed from two years, to three years. In addition, there is now a two year presentment requirement that must be adhered to in order to preserve a claim for personal injuries caused by the MBTA.