Sidewalk and Public Property Falls in Massachusetts

A person hurt by a defect, lack of repair or lack of a railing on a public way may recover from the county, city, town or person obliged by law to repair it, if the defect could have been prevented or fixed with reasonable care and the responsible party had or should have had reasonable notice of it. Recovery from a county, city or town under this law is limited to one-fifth of one percent of its last state valuation and no more than $5,000. The injured person must give written notice of the name and residence of the person injured and the time, place and cause of the injury within 30 days, and may sue within 3 years if the claim is not paid.

Under the Massachusetts Tort Claims Act, which covers both the Commonwealth and cities and towns, a claim must first be presented in writing to the public employer's executive officer within 2 years after the injury (for a city or town, presentment to the mayor, city or town manager, city solicitor or town counsel, city or town clerk, or chair of the select board is enough). A lawsuit may be filed only after the claim is denied in writing or 6 months pass without a decision, and no later than 3 years after the injury. Public employers are not liable for prejudgment interest, punitive damages, or more than $100,000 per claimant. For defects in public ways, a separate law requires notice within 30 days and limits a city or town's liability to $5,000.

Under the Massachusetts Tort Claims Act, a written claim must be presented to the executive officer of the public employer (for a city or town, for example the mayor, city manager, city solicitor or clerk; for the Commonwealth, the Attorney General) within two years after the cause of action arose. The claim must be finally denied (a failure to respond within six months counts as denial) before a lawsuit is filed, and the lawsuit must be filed within three years after the cause of action accrued. Public employers are not liable for punitive damages, interest before judgment, or more than $100,000 (except serious bodily injury claims against the MBTA).

Three years. Tort actions, and contract actions to recover for personal injuries, must be filed within three years after the cause of action accrues, unless another law provides otherwise.