Sidewalk Accident Lawyer in Massachusetts

Sidewalk Accidents in Massachusetts

Defective sidewalks, with cracked, uneven, heaved, or broken pavement, and icy sidewalk surfaces are among the most common causes of pedestrian slip and fall injuries in Massachusetts. A lip or elevation change of even a fraction of an inch can cause a pedestrian to trip and fall, particularly if it is obscured by debris, leaves, or shadows. These accidents can cause severe injuries including hip fractures, wrist fractures, traumatic brain injuries from head strikes, and facial lacerations. Attorney Jeffrey C. Lavey represents sidewalk accident victims throughout Massachusetts.

Who Is Responsible for Sidewalk Maintenance

The responsibility for sidewalk maintenance depends on where the sidewalk is located. Sidewalks abutting private property are often the maintenance responsibility of the abutting property owner under local ordinances in many Massachusetts municipalities. Municipality-maintained sidewalks are the responsibility of the city or town. Sidewalks on commercial property are typically the responsibility of the property owner or occupying business. Determining who had the maintenance obligation is the first step in establishing liability, and Attorney Lavey makes this determination at the outset of every sidewalk accident case.

Claims Against Municipalities for Sidewalk Defects

When a city or town is responsible for maintaining a defective sidewalk, your claim is subject to the Massachusetts Tort Claims Act. This statute requires written presentment of your claim to the municipality within a specific period before a lawsuit can be filed, and it limits damages against government entities in certain respects. Missing the presentment deadline permanently bars the claim. Attorney Lavey handles municipal sidewalk defect claims with the same thoroughness applied to private property cases and ensures all required procedures are followed.

Snow and Ice on Sidewalks

Massachusetts law applies a negligence standard to snow and ice accidents, property owners and municipalities must exercise reasonable care in removing or treating snow and ice on sidewalks they are responsible for maintaining. This duty arises after a reasonable time following a snowfall or ice formation. A property owner who ignores icy sidewalks for days after a storm, or who applies ineffective de-icing treatment, may be liable for resulting pedestrian falls. Attorney Lavey evaluates snow and ice clearing practices in every icy sidewalk fall case.

Compensation for Sidewalk Fall Victims

Sidewalk accident compensation includes all medical expenses, all lost wages during recovery, pain and suffering, and future costs for serious injuries. The identity of the responsible party, private property owner or municipality, determines the available damages and procedural requirements. Attorney Lavey advises every sidewalk accident client on the realistic value of their specific claim under the applicable legal framework.

Frequently Asked Questions