Slip and fall accidents happen on public sidewalks, in municipal parks, on public school property, and in government buildings throughout Massachusetts every day. When a dangerous condition on government-owned property causes a serious injury, many people wonder: can I sue the city or town? The answer is yes – but the process involves special rules that do not apply to claims against private property owners. Missing these rules can permanently bar your claim.
The Massachusetts Tort Claims Act
Claims against Massachusetts cities, towns, counties, and state agencies are governed by the Massachusetts Tort Claims Act (MTCA), codified at M.G.L. Chapter 258. The MTCA waives the doctrine of governmental immunity – meaning government entities can be sued – but it imposes specific procedural requirements and limitations that differ from claims against private parties.
The Two-Year Presentment Requirement
The most important difference between a government slip and fall claim and a private premises liability claim is the presentment requirement. Before you can file a lawsuit against a Massachusetts municipality or state agency, you must file a formal written presentment with the relevant government entity within two years of the date of injury. This presentment must describe the nature of the claim, the circumstances of the injury, and the damages being claimed.
After the presentment is filed, the government entity has six months to respond before you can proceed to court. The six-month response period is separate from the three-year statute of limitations for filing suit, which is calculated from the date of presentment rather than the date of injury in many circumstances.
Disclaimer: Statute of limitations rules can vary significantly by state, jurisdiction, and the specific type of claim. The information above is general in nature. Please consult a qualified attorney for advice specific to your situation.
Missing the two-year presentment deadline typically means losing the right to sue the government entity entirely – regardless of how strong your underlying claim is. This is why it is critical to contact an attorney as soon as possible after a serious fall on government property.
Sidewalk Liability in Massachusetts
A common question involves falls on city sidewalks. Under Massachusetts law, municipalities generally have a duty to maintain public sidewalks in a reasonably safe condition. However, the MTCA imposes a cap on damages in claims against government entities – currently $100,000 per claimant per incident – which is substantially lower than the potential recovery in a serious private premises liability case. The cap applies regardless of the actual extent of damages, which is an important consideration in evaluating the full value of a government slip and fall claim.
Defective Public Ways
Massachusetts also has a specific statute – M.G.L. Chapter 84 – governing injuries caused by defective public ways, including roads and sidewalks. Under this statute, injured parties must give notice of the injury to the city or town within 30 days of the injury and provide specific information about where the defect was located. Claims under Chapter 84 have their own procedural requirements distinct from the MTCA presentment process.
Get Legal Help Quickly
The overlapping deadlines and procedural requirements in Massachusetts government liability cases make prompt legal representation essential. If you were injured in a slip and fall on government property anywhere in Massachusetts, contact Larson Law immediately for a free case review.
Results Disclaimer: Past case results, settlements, and verdicts mentioned on this website do not guarantee or predict a similar outcome in any future case. Every case is unique and depends on its own facts and legal issues.