As the winter snow melts away and the signs of spring start to emerge in Boston, a new hazard lurks on our city streets, the dreaded pothole. These asphalt craters can range from minor annoyances to serious dangers, causing significant damage to vehicles and posing injury risks to drivers and passengers alike. As you carefully maneuver around these road hazards, you may find yourself wondering, who is responsible for this damage, and what recourse do I have if my car is damaged or I’m injured because of a pothole?
The answer, as with many legal questions, is not always straightforward. In Massachusetts, the liability for injuries or property damage caused by defects in public roads, including potholes, is governed by state statutes, specifically Section 15 of Chapter 84 and Section 18 of Chapter 81 of the Massachusetts General Laws.
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Under these statutes, municipalities and the state have a legal duty to keep public roads in a reasonably safe condition for travel. If a defect, such as a pothole, causes injury or property damage, the responsible government entity (i.e., the city, town, or state) may be liable if they had “reasonable notice” of the defect and failed to repair it with reasonable care and diligence.
However, pursuing a claim against a government entity for pothole damage is not as simple as filing a claim with your insurance company. There are specific procedures and limitations that must be followed. For instance:
- Notice Requirement: To have a valid claim, you must provide written notice to the responsible government entity within 30 days of the incident, detailing your name, address, the date and location of the incident, and the cause of your injury or damage. Failure to provide this timely notice can be fatal to your claim.
- Liability Cap: Even if you have a successful claim, there is a statutory cap on the amount of damages you can recover from a government entity. For municipalities, the cap is $5,000 or one-fifth of one percent of the city or town’s property valuation, whichever is less. For state highways, the cap is $4,000.
- Comparative Negligence: Your own actions can also impact your ability to recover. If you were driving negligently (e.g., speeding, texting, etc.) at the time you hit the pothole, your damages could be reduced or even eliminated under the legal principle of comparative negligence.
- Vehicle Size Limitation: The pothole statutes do not apply to vehicles weighing more than six tons when combined with any load.
Given these legal complexities, it’s generally advisable to consult with an experienced attorney if you’ve suffered significant injury or property damage due to a pothole on a public road. An attorney can help assess the viability of your claim, ensure you follow the proper procedures, and advocate on your behalf to maximize your recovery.
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Of course, the best way to deal with pothole damage is to avoid it altogether. As you navigate the post-winter roadways, give yourself extra space to maneuver, scan ahead for potholes, and if you can’t avoid them, slow down before impact. If you do encounter a significant pothole, consider reporting it to your local authorities to help prevent others from falling victim to the same hazard.
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By understanding your legal rights and taking proactive steps to avoid potholes, you can minimize your risk and expense while the municipalities work to repair our post-winter roads. In the meantime, drive safely out there – and keep a watchful eye out for those perilous potholes!
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