Yes, you can sue the city for falling on a sidewalk in Massachusetts, but there are specific legal requirements and limitations that must be met. Municipalities are responsible for maintaining public sidewalks and ensuring they are reasonably safe for pedestrians.
If you were injured due to a hazardous condition, such as uneven pavement, ice, or debris, you might have grounds to file a claim. However, navigating these claims involves understanding the rules under Massachusetts law, including strict notice requirements and damage caps.
It’s important to act quickly and consult with a Boston slip and fall accident lawyer, as these cases are time-sensitive and often require evidence to prove that the city’s negligence caused your injuries.
What Is the City’s Responsibility for Sidewalk Maintenance?
Under Massachusetts law, cities and towns have a duty to keep public sidewalks safe for use. This includes addressing hazards such as:
- Uneven pavement
- Cracked or broken sidewalks
- Accumulated ice or snow
- Debris or obstacles blocking the walkway
However, the city is only liable if it knew or should have known about the hazard and failed to take reasonable steps to fix it. For example, if a sidewalk crack existed for months without repair, the city may be held accountable.
Conversely, if the hazard was created suddenly (e.g., a snowstorm hours before your fall), the city will likely argue it didn’t have sufficient time to address the issue.
What Are the Legal Requirements for Suing a City in Massachusetts?
Suing a city in Massachusetts for a sidewalk fall requires following specific legal procedures. Key requirements include:
- Notice of claim: You must file a notice of claim with the city or town within 30 days of the accident. This document must include details such as the date, time, location of the accident, and a description of your injuries.
- Statute of limitations: After filing the notice of claim, you have three years from the date of the accident to file a lawsuit.
- Damages cap: Massachusetts law limits the amount you can recover from a municipality to $100,000 for personal injury claims.
Failing to meet these deadlines or requirements will likely result in losing your right to sue the city, so it’s crucial to consult a Boston personal injury lawyer early in the process.
What Types of Injuries Are Common in Sidewalk Falls?
Falling on a sidewalk sometimes causes serious injuries, many of which require extensive medical treatment. Common injuries include:
- Fractures and broken bones
- Traumatic brain injuries (TBI) from hitting your head during the fall
- Sprains and strains in the wrists, ankles, or knees
- Cuts and abrasions from landing on concrete or debris
- Spinal cord injuries that frequently lead to long-term complications
These injuries often leave you with costly medical bills, lost wages, and ongoing pain. A successful claim against the city will help you recover compensation to address these challenges.
How Does Comparative Negligence Affect Your Claim?
Massachusetts follows a modified comparative negligence rule, which means that if you are partially at fault for your fall, your compensation will be reduced. For example, if you were distracted by your phone while walking and didn’t notice the hazard, the city might argue that you share some responsibility.
If you are found more than 50% at fault, you cannot recover compensation. A lawyer will work to prove that the city’s negligence was the primary cause of your injuries, minimizing any claims that you were responsible.
What Compensation Could You Recover in a Claim Against the City?
If you are successful in your claim against the city, you will likely recover compensation for a variety of losses. This money is meant to address both the immediate and long-term effects of your injuries, ensuring you have the resources needed to recover physically, emotionally, and financially.
You could be eligible to recover:
- Medical expenses for immediate treatment, such as emergency room visits, diagnostic tests, and surgeries, as well as long-term care like physical therapy, rehabilitation, and follow-up appointments
- Lost wages if your injuries prevent you from working temporarily or permanently, including compensation for missed promotions or opportunities
- Pain and suffering caused by the accident, reflecting the emotional distress and physical discomfort you’ve experienced due to your injuries
- Out-of-pocket expenses related to your recovery, such as transportation to medical appointments, home care services, or modifications to your home to accommodate mobility challenges
- Future lost earning capacity if your injuries result in permanent disability, preventing you from returning to your previous job or limiting your ability to work
It’s important to remember that Massachusetts law caps damages at $100,000 for claims against municipalities. This means your compensation will likely be limited even if your injuries are severe. However, an experienced attorney will help you maximize your recovery by carefully documenting your losses and advocating for a fair settlement or verdict.
Take Action Today to Protect Your Rights
If you’ve been injured in a sidewalk fall and believe the city’s negligence was to blame, it’s important to act quickly. Filing a claim against a municipality in Massachusetts involves strict deadlines and procedural requirements that are overwhelming to navigate alone.
At Jason Stone Injury Lawyers, our team understands the challenges of filing a claim against a city and has the experience needed to guide you every step of the way. With our Stone Cold Guarantee®, you’ll never need to reach into your pocket to pay us.
Don’t wait—contact Jason Stone Injury Lawyers today to discuss your case and explore your legal options. We’re here to help you take action and get the support you need to move forward.
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