Driving through my town last week (city in MA) my front right wheel literally FELL into the biggest freakin pothole I have ever seen. Not only has my neck been very stiff since the incident, but my wheel was actually ripped from the car. Can I sue the city for the damages to my car and to my neck, if I have any?
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
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The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Editor's Response
Yes. Massachusetts has waived its sovereign immunity and that of its cities and towns. A city or town is responsible for the proper maintenance and repair of the streets and roads within its boundaries, unless the street happened to be a state road running through your city. In that case, you would have to sue the state. When suing any government entity (city, state, or federal), however, their are often special notice requirements involved as well as specific limitations on the type of action that can be maintained and the amount of damages that can be collected. If you are planning on suing, contact an attorney as soon as you are able. He or she will help you determine the proper defendant(s) and make sure you jump through all the legal loopholes. Good luck.