Massachusetts Fall Injury 30-Day Notice Checklist
Some Massachusetts injury claims require written notice within 30 days, especially falls on snow or ice and injuries from defects in public ways. Missing the deadline can weaken or end a claim. Use this checklist, and see Snow and Ice Injuries and Sidewalk, Pothole and Public Way Defects for background.
1. Decide Whether Notice Is Required
- Fall on snow or ice anywhere (private or public property): notice within 30 days (G.L. c. 84, §§ 18 to 21).
- Injury or vehicle damage from a pothole, broken sidewalk, or other defect in a public way: notice within 30 days (G.L. c. 84, § 18).
- Other claims against a city, town, or state agency: written presentment within two years (G.L. c. 258, § 4).
- Ordinary indoor slip and falls on private property usually have no 30-day notice requirement, but early notice still helps preserve evidence.
2. Include the Required Information
- Injured person’s full name and residential address
- Date and approximate time of the injury
- Exact location (street address, entrance, stair, or a description with landmarks)
- Cause of the injury (for example, untreated ice on the front steps or a raised sidewalk panel)
- A request to preserve video, incident reports, and maintenance and snow-removal records
3. Send It to the Right Party
- Private property: the owner and, if known, the manager, commercial tenant, or condominium association
- City or town: the city or town clerk and the department responsible (often public works)
- State roads: the Massachusetts Department of Transportation
- Utility or contractor, if one was working at the location
4. Send It in a Provable Way
- Certified mail, return receipt requested, plus regular mail or email
- Hand delivery with a date-stamped copy
- Keep copies of everything sent and received
5. Preserve Your Evidence
- Photos and video of the hazard, taken as soon as possible and again later
- Weather information for snow and ice falls
- Names and contact information for witnesses
- Medical records and bills
- Damaged clothing, footwear, and property
For snow and ice evidence in more detail, see our Snow and Ice Fall Evidence Guide.
Frequently Asked Questions
Who do I send a 30-day notice to?
For private property, the owner or the person responsible for the property. For a public way, the city or town (typically the clerk, mayor, or select board) or the Commonwealth for state roads. When in doubt, send notice to every possible party.
Does the notice have to be perfect?
The notice should include the injured person’s name and address and the time, place, and cause of the injury. Courts have been forgiving of minor errors when the notice is otherwise adequate, but a clear, complete notice avoids disputes.
Is the 30-day notice the same as a Tort Claims Act presentment?
No. A presentment under G.L. c. 258, § 4 is a separate written claim to a public employer, due within two years. Some cases require both.
Talk With a Massachusetts Premises Liability Attorney
If you were hurt in a fall, 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.