Sidewalk, Pothole, and Public Way Defect Injury Lawyer

Broken and heaved sidewalks, missing curbs, open trenches, raised utility covers, and potholes cause serious falls and bicycle and motorcycle crashes. Claims against cities and towns for defects in public ways follow special Massachusetts rules with very short deadlines. Muggeo & Associates helps pedestrians, cyclists, and drivers identify every responsible party and meet the deadlines.

How Massachusetts Law Treats Public Way Defects

G.L. c. 84, § 15 allows recovery against the city, town, county, or other party obligated to repair a public way for injury caused by a defect or lack of repair, if it had or reasonably could have had notice of the defect.
Damages are capped. Recovery against a municipality under § 15 is generally limited to $5,000 or a smaller percentage of the municipality’s valuation.
Notice within 30 days. Under G.L. c. 84, § 18, the injured person must give written notice within 30 days stating the time, place, and cause of the injury.
Snow and ice. Under G.L. c. 84, § 17, a municipality is not liable for snow or ice on a public way that was otherwise reasonably safe. See Snow and Ice Injuries.

Looking Beyond the City or Town

Because of the cap, we look closely at who actually created the defect. Claims against private parties are not limited by Chapter 84. Possible defendants include:

Utility companies and their contractors that excavated and failed to restore the surface
Construction and paving contractors working in the roadway
Abutting businesses or owners whose driveways, vaults, or alterations created the hazard
Owners of private walkways, plazas, and parking lots that appear public
The Commonwealth or MassDOT for state highways and state-owned sidewalks

Common Public Way Injuries

Pedestrian trip and falls on heaved or broken sidewalk panels
Falls into open trenches, missing grates, and unmarked holes
Bicycle and e-bike crashes caused by potholes and road seams (see Bicycle and E-Bike Accidents)
Motorcycle crashes from potholes and uneven pavement
Falls at curb cuts and crosswalks (see Pedestrian Accidents)

What to Do Right Away

Photograph the defect with something for scale, such as a shoe or a ruler, and record its exact location.
Return within a few days to photograph it again; municipalities often repair defects quickly after an injury.
Send written notice to the city or town within 30 days; see our 30-Day Notice Checklist for Falls.
Ask whether the spot was recently dug up or patched, and by whom.
Keep medical records and bills.

We represent injured people across the North Shore, including Salem, Peabody, Beverly, Lynn, Marblehead, Swampscott, Danvers, Gloucester, Newburyport, Lynnfield, and communities throughout the North Shore, as well as clients in New Hampshire and Florida.

Frequently Asked Questions

How long do I have to notify a city or town about a pothole or sidewalk injury?

Generally 30 days. G.L. c. 84, § 18 requires written notice to the city or town within 30 days, stating the time, place, and cause of the injury. Missing the deadline can bar the claim.

How much can I recover from a city or town for a defect in a public way?

Recovery under G.L. c. 84, § 15 is capped at a low amount, generally $5,000 (or a smaller percentage of the municipality’s valuation). That cap makes it important to identify any other responsible party, such as a utility or contractor.

Who else can be responsible for a sidewalk defect?

Depending on the facts, a utility company or contractor that dug up and patched the sidewalk, an abutting property owner who altered it, or a private owner of a walkway that looks public. These claims are not subject to the Chapter 84 cap.

Does the Chapter 84 notice also apply to damage to my car from a pothole?

Yes. Property damage from a defect in a public way also requires notice within 30 days and is subject to the same statutory scheme. Many towns have their own claim forms.

What if I fell on a state highway or state sidewalk?

Claims involving state roads are typically directed to the Commonwealth, often the Massachusetts Department of Transportation, under the same statute with its own requirements. Identifying who controls the location is an early step.

Talk With a Massachusetts Premises Liability Attorney

If you were hurt in a fall or crash caused by a sidewalk, pothole, or road defect, call Muggeo & Associates at (978) 741-1177 or request a consultation online. We answer calls 24/7 and can also be reached at jared@ljmassoc.com. Our office is at 133 Washington Street, Salem, Massachusetts. Some deadlines in these cases are as short as 30 days, so contact us promptly.

This page provides general information, not legal advice. Laws change and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

Call or Text (978) 741-1177 to Schedule Your Consultation