Defective roadways and sidewalks--Is my city or town liable?

While Boston is known for its historic charm, the residents may find navigating the antique sidewalks and roadway is not ideal. Unpredictable weather patterns and changes in landscape throughout the years have caused cracks, bumps, potholes and uneven surfaces—causing subpar conditions. These subpar conditions, not infrequently, result in pedestrian and motor vehicle accidents, personal injuries and property damage.

When such accidents occur, people want to know: Can I bring a claim against my City or Town for personal injuries?

In the legal sense, yes, but in the practical sense, no. In Massachusetts, lawsuits for defective sidewalks and streets are governed by statute - Massachusetts General Laws, Chapter 84, Section 15, which is titled “Personal injuries or property damage from defective ways.” Under this statute, the most any person can recover for injuries caused by roadway or sidewalk defects is $5,000. Further, under Section 18 of the same Chapter, the city or town must be put on notice within 30 days of the accident or the injured person may be unable to recover at all.

But what about claims against the City or Town for failing to clear ice and snow resulting in injuries? These claims are barred by Chapter 84, Section 17, which shields cities or towns from liability from snow and ice on public ways.

Ultimately, Massachusetts has, through legislation, protected its cities and towns from lawsuits regarding substandard and potentially hazardous streets and sidewalks. While one might rightfully argue that cities and towns should be held responsible for the condition and safety of their streets and sidewalks, for now and the foreseeable future, however, the law remains as it is.

It is important to remember that in any personal injury case, a lawyer should be consulted to help determine if the location of injury was on a public way, or potentially private, commercial, or residential property where claims can be made against someone other than the city or town where the injury occurred.