Wednesday, September 16, 2015

Defects in Public Ways

 A separate area of potential municipal liability arises from the use, maintenance and repair of public ways. State law [G.L. c. 84] requires public ways to be “reasonably safe and convenient” and provides for personal injury or property damage claims arising from defects due to a lack of repair or 78 The Massachusetts Municipal Association Handbook for Massachusetts Selectmen insufficient railings. Under the law, those who intend to sue must provide specific written notice to the proper municipal authority within thirty days of the occurrence of the event leading to the suit and must file the suit within three years of the occurrence. The law sets a $5,000 cap on municipal liability. The defective condition must be the sole cause of the alleged injury. If negligence by the plaintiff or another party contributed to the injury, the claim is invalid. The law is not applicable to any defect, such as a sewer backup or water main rupture, that resulted in damage to private property, since the public way is not involved. If an injury occurs due to ice or snow on the road, the town would not necessarily be liable, as long as the road was otherwise safe and convenient.

The above excerpt is from the most current handbook for Selectmen

MGL c84 Section 22
Section 22. If a town neglects to repair any way which it is obliged to keep in repair, or neglects to make the same reasonably safe and convenient when encumbered with snow, it shall pay such fine as the court may impose.

MGL c84 Section 24
Section 24. The board or officer having authority over public ways in a town shall, if the public safety so requires, cause such ways to be closed where they enter upon and unite with an existing public way or may by other sufficient means caution the public against entering thereon; otherwise the town shall be liable for damages arising from defects therein as in the case of ways duly laid out and established.

Jeff Bennett





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