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The 190th General Court of the Commonwealth of Massachusetts

Section 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.