Earlier this month, a state appellate court issued a written opinion in a Massachusetts slip and fall case that was filed against the town of Leicester (the Town). The opinion highlights the importance of complying with all procedural rules when dealing with a government defendant. In this case, because the plaintiff failed to ensure that the Town was served with timely notice of her claim, the court concluded that the plaintiff lost her right to a remedy.
Under the Massachusetts Tort Claims Act (MTCA), before a citizen files a claim against a public entity, that person must send a “claim in writing to the executive officer of such public employer within two years after the date upon which the cause of action arose.” This is known as a presentment letter. Unless a plaintiff sends a presentment letter, they cannot pursue a claim against the government entity.
According to the court’s opinion, the plaintiff was picking up her son from school on January 19, 2016, when she slipped and fell while on school grounds. As a result of the fall, the plaintiff suffered a fractured knee and wrist. Exactly two years later, the plaintiff sent a presentment letter to the Town. The Town received the letter on January 22, 2016, and issued a formal statement denying liability on February 7, 2018. The next month, the plaintiff filed this lawsuit.