When someone suffers harm because of a government agency’s negligence—whether from a city bus crash, a hazardous sidewalk, or unsafe conditions in a state-owned building—the question of accountability becomes complex. Unlike private entities, public bodies in Massachusetts operate under special protections known as sovereign immunity, which can make filing a claim against them difficult but not impossible. Understanding these rules is essential to protecting your right to fair compensation.

Understanding Sovereign Immunity in Massachusetts

Historically, the doctrine of sovereign immunity meant that the government could not be sued without its consent. This principle was rooted in the idea that public funds and services should not be jeopardized by private lawsuits. However, Massachusetts law has carved out exceptions to this rule through the Massachusetts Tort Claims Act (MTCA), codified under Massachusetts General Laws Chapter 258.

The MTCA waives the state’s immunity in many—but not all—situations. In practice, this means that individuals can bring claims against the Commonwealth, cities, towns, and other public entities if their injuries were caused by the negligence of a government employee acting within the scope of employment. However, strict procedural and substantive rules apply, and failing to follow them can immediately bar recovery.

Who Can Be Held Liable Under the MTCA

Under Chapter 258, liability can extend to:

• State agencies such as the Massachusetts Department of Transportation (MassDOT) or state universities.
• Municipalities, including cities, towns, and local boards.
• Public employees acting within the course of their duties.
• Quasi-public entities, in limited situations, if their actions are closely tied to governmental functions.

Importantly, the MTCA only allows lawsuits against the employing entity—not the individual government worker. For example, if a city bus driver causes an accident, the claim must be filed against the transit authority, not the driver personally. This distinction ensures that public employees are shielded from personal liability when performing official duties.

Common Scenarios That Lead to Public Entity Injury Claims in Massachusetts

Personal injury claims against Massachusetts public entities often arise from a range of incidents, including:

• Motor vehicle accidents involving public transportation, snowplows, or emergency vehicles.
• Slip and fall accidents on government property or sidewalks.
• Injuries caused by negligent maintenance in public parks, schools, or buildings.
• Medical malpractice at state-run hospitals or correctional facilities.
• Construction accidents on government projects.
• Negligence by state-employed contractors performing public work.

Each scenario carries unique evidentiary and procedural challenges. For instance, proving that a town was negligent in maintaining a public sidewalk often requires showing that the municipality knew—or should have known—about the hazard and failed to correct it within a reasonable time.

Notice Requirements for Suing a Public Entity

Before filing a lawsuit, injured individuals must first file a written notice of claim under Massachusetts General Laws Chapter 258, Section 4. This is one of the most critical procedural requirements and a common source of dismissed claims.

This notice must be filed within two years of the injury and include:

• The claimant’s name and address.
• The date, location, and circumstances of the incident.
• The name of the public agency or employee involved.
• A description of the injuries and damages sustained.

Once submitted, the government has six months to respond. If no resolution occurs after this period—or if the claim is denied—the injured person may proceed to court. Missing the notice deadline or failing to include essential details can permanently forfeit the right to sue.

Statute of Limitations and Time Limits

After filing the notice, claimants generally have three years from the date of injury to file a lawsuit under Massachusetts General Laws Chapter 260, Section 2A. However, the two-year notice period is separate and must be met before the three-year limit expires. These deadlines can be confusing, particularly when multiple entities or agencies are involved, which is why early legal counsel is vital.

Exceptions and Limitations on Liability

Not every injury caused by a government entity is compensable. Chapter 258 outlines several immunity exceptions, including:

• Discretionary function immunity: Decisions involving public policy or judgment, such as how to allocate resources or design roads, are typically protected.
• Intentional torts: Claims for assault, battery, or false arrest by public employees are often excluded unless specific conditions are met.
• Independent contractors: The government is not liable for negligence by private contractors unless it exercised direct control over their work.
• Emergency response immunity: Public employees responding to emergencies are generally protected from liability unless they acted with reckless disregard.

In practice, these limitations mean that even if a government employee acted negligently, the claim may still fail if the action falls within one of these protected categories.

How Damages Work Under the MTCA

Unlike private injury claims, the Massachusetts Tort Claims Act caps damages at $100,000 for any single plaintiff, regardless of the severity of the injury or number of negligent parties. Additionally, the state does not pay punitive damages or interest before judgment.

This cap can feel unfair to victims of catastrophic injuries, but it underscores the importance of exploring all possible sources of compensation, such as third-party contractors or private insurers who may share responsibility.

Steps to Take After an Injury Involving a Public Entity

If you are injured on public property or by a government vehicle in Massachusetts, immediate and careful action can make the difference between a successful claim and a denied one. Here’s what to do:

1. Seek medical attention right away to document your injuries.
2. Report the incident to the appropriate agency (e.g., city hall, MBTA, or MassDOT).
3. Gather evidence, including photos, witness names, and incident reports.
4. Consult an experienced personal injury attorney familiar with Massachusetts public entity claims.
5. File the required notice of claim within two years, ensuring all details are accurate.
6. Preserve all correspondence with the government and your attorney for future reference.

Each step must be executed precisely; even small mistakes can undermine your entire claim.

Real-World Scenario: City Liability for a Public Sidewalk Accident

Consider this example: A pedestrian in Worcester trips on a raised slab of sidewalk in front of a municipal building and suffers a broken hip. Investigation reveals that the defect had been reported several months earlier, but the city failed to repair it. The victim files a notice of claim under Chapter 258, Section 4, providing the location, date, and injury details. Because the city had prior notice of the defect and ample time to fix it, the court finds that it breached its duty of care. However, damages are capped at $100,000 despite the pedestrian’s extensive medical costs.

This scenario demonstrates how even a strong negligence case against a public entity faces statutory limits and strict procedures.

The Importance of Legal Representation

Navigating Massachusetts’s government liability laws requires both precision and strategy. Many claimants underestimate the complexity of these cases, particularly when multiple agencies or contractors are involved. Skilled personal injury lawyers can identify whether the negligent party qualifies as a “public employee,” ensure timely compliance with notice requirements, and assess whether exceptions to immunity apply.

Attorneys also understand how to build persuasive evidence showing that an act was operational negligence—not a protected discretionary function. This distinction often determines whether a case proceeds to trial or is dismissed early.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Filing a personal injury claim against a public entity in Massachusetts demands precision, legal insight, and persistence. Whether your injury occurred on a poorly maintained sidewalk, during a public transit accident, or due to negligence by a state employee, you still have rights under the Massachusetts Tort Claims Act.

At Brandon J. Broderick, Attorney at Law, our Massachusetts personal injury attorneys understand the procedural hurdles and how to overcome them. We handle every stage—from filing the notice of claim to negotiating settlements and litigating in state court—so you can focus on recovery while we pursue justice. Don’t let technicalities or deadlines stand between you and fair compensation. Our legal team has helped countless Massachusetts clients hold government agencies accountable for negligence, even when the odds seemed stacked against them.

Contact us today!