If you have been hurt in a slip and fall accident on someone else’s property, you may have legal options. At The Law Offices of Barry Feinstein & Affiliates, P.C., our seasoned Massachusetts injury attorneys are committed to getting our clients the justice and compensation they rightfully deserve for the harm that they have suffered. With years of experience, we are prepared to represent you in negotiating a settlement agreement or in proving your claim in court.
In a recent Massachusetts court decision, the plaintiff stepped into an uneven depression in the road and sustained a severe injury to her left foot. She informed the City of Boston of her claim within the time frame required by Massachusetts General Laws c. 84, § 18, also known as the defective way statute, which mandates that a person injured due to a defect on a public way must send notice within thirty days after the injury to the, “county, city, town or person by law obliged to keep said way in repair.”
A few months later, the city sent the plaintiff a letter denying responsibility and informing her that a gas company was actually responsible for her injuries. The plaintiff then sent notice to the gas company and filed her Complaint in the Superior Court against the City of Boston and the gas company. The gas company filed a motion to dismiss the claim due to the late notice under the statute. The court denied the motion and the case went to trial.