Can a town, city, or county be liable for dangerous property?

On behalf of Aiken and Aiken P.C. Personal Injury Attorneys posted in Premises Liability, on Monday, November 24, 2014

According to Massachusetts legislation, whenever a resident suffers injury or sustains property damage due to a defective or unrepaired surface or because there was no adequate safety barrier installed to prevent the accident from occurring, that person may be able to pursue compensation for their losses. If the liable party, be it a town, city or county, was responsible by law to make the repair or install a safety barrier that could have prevented the person’s losses, then that party may have to make reparation for those losses. However, the individual who suffered the losses may not sue the liable party for any amount greater than $5,000 or 1 percent of the state valuation. Furthermore, if injured parties cause their own losses because of a vehicle and load that exceeds six tons, that party may not pursue a claim. The law further states that a town, city or county shall not be held liable for damages or injury if it abided by statues regarding construction and repair and had closed off the damaged area and had warned the public against entering the area. Whenever an individual experiences a slip-and-fall accident due to a defective surface, a damaged sidewalk or roadway or because there was no safety rail or guard to prevent the fall, the results could be catastrophic. A fall could easily cause a person to suffer a back injury or a hip fracture. In some cases, such an accident could have a long-term impact on the victim, such as a traumatic brain injury from head trauma. Those who have suffered an injury because of poorly maintained town, city or county property may wish to consult a local attorney who handles personal injury claims. Through legal action, the injured party may be able to hold the suspected party liable for damages including medical expenses, income losses and property damage. Source: The General Court, “Section 15 Personal injuries or property damage from defective ways“, November 21, 2014