A cracked sidewalk can turn a routine walk into a painful accident. A raised concrete slab, a deep hole or loose pavement can cause you to trip, fall and suffer injuries. Medical bills and missed work can add to the strain, especially when you are unsure who should be held responsible.
In Massachusetts, liability depends on who must maintain the sidewalk, whether the defect created an unsafe condition and whether the party responsible was aware of the hazard or reasonably should have discovered it.
When can a city or property owner be responsible?
Under Massachusetts General Laws Chapter 84, Section 15, a city, town or other party legally required to repair a public way may face liability for injuries caused by a dangerous defect. However, you must show that the party had reasonable notice of the defect and could have addressed it through reasonable care.
Municipal claims also have strict limits. Damages against a city or town cannot exceed $5,000 under this law. In addition, the sidewalk defect generally must be the sole cause of your injury. If your own negligence or another person’s wrongful act also contributed to the fall, your claim against the municipality may fail.
A private property owner may face liability under different rules if the owner had a duty to maintain the area or created the hazard. Simply owning property beside a broken sidewalk does not automatically establish responsibility.
What evidence and deadlines matter?
Evidence can help show what caused your fall and who may be responsible. Useful details include:
- Photos of the defect: Images of broken pavement or raised concrete can show the hazard.
- Witness statements: Accounts from people who saw the fall can support your description.
- Earlier complaints: Reports about the same defect may show that someone knew about the danger.
- Medical records: Treatment notes and bills can document your injuries.
An attorney can review this evidence, identify the proper party and assess whether your claim meets Massachusetts’ strict legal requirements.
Timing matters, too. Chapter 84, Section 18 generally requires written notice within 30 days for injuries caused by defects on public ways. Section 21 addresses snow and ice hazards on private property and applies related notice rules. For snow and ice claims, missing the notice deadline does not automatically defeat a claim unless the defendant proves prejudice.
Putting the Pieces Together After a Fall
Identifying who controlled the sidewalk, documenting the hazard and reviewing the applicable deadlines can help you assess your options after a fall. Because municipal claims carry a $5,000 cap and strict proof requirements, determining which law applies is an important first step.
