All claims for personal injuries, death or loss of property caused by the negligent act or omission of any city or town employee are governed by Massachusetts General Law Chapter 258.
Some examples of types of claims covered by this chapter are:
1. Bicyclist injured when riding over pothole on public roadway;
2. Drowning caused by lifeguard failing to monitor city pool;
3. Slip and fall on city property;
4. Property damage or injuries caused by city water main break, etc.
In order to proceed with a claim against a city or town, the injured person must send a "presentment letter" to the mayor within two (2) years from the date the injury occurred. Failure to send this letter within two (2) years from the date of injury will bar the injured person from proceeding with any claim against the city or town.
The injured person cannot file a suit in court against the city unless: 1) the major or his agent has sent a written denial to the presentment letter or 2) six (6) months have elapsed since the date the injured person sent the presentment letter.
A lawsuit against a city or town must be filed in the Superior Court for the county in which the city is situated or the county where the injured party resides.
The maximum amount an injured person may recover from a city or town under Massachusetts law is $100,000.
If you or someone you know has been injured on city property or due to the negligence of a city employee within the last two (2) years, you should consult an attorney immediately.
Feel free to contact me with any questions at 413-746-4400 or nle@dennerpellegrino.com.
No comments:
Post a Comment