Massachusetts General Laws, Chapter 81, Section 18 establishes and limits the liability of the state of Massachusetts to personal injury. This is the only section under which the state can be held liable for road defects on highways (Ram v. Town of Charlton, 409 Mass. 481, 1991). That means there is no state liability for other types of damage on highways, such as damage to a vehicle.
In the following, we will break down the text of this section and discuss each of its parts:
The commonwealth shall be liable for injuries sustained by persons while traveling on state highways, if the same are caused by defects within the limits of the constructed traveled roadway, in the manner and subject to the limitations, conditions and restrictions specified in sections fifteen, eighteen and nineteen of chapter eighty-four,
This part establishes liability for injuries sustained by persons. The starting point is the same for any other road:
- Liability for city and private road defects (M.G.L. 84, § 15).
- Notice to road owner (M.G.L. 84, § 18).
- Service of notice (M.G.L. 84, § 19).
The road must be state highway. A state highway is a road that is laid out or taken charge of by the state (M.G.L. 81, § 5). A boulevard is not a state highway (Medford v. Metropolitan District Commission, 303 Mass. 537, 1939).
except that the commonwealth shall not be liable for injury sustained because of the want of a railing in or upon any state highway, or for injury sustained upon the sidewalk of a state highway or during the construction, reconstruction or repair of such highway.
This means that the state is not liable for the following injuries:
- Injury because the road has no railing or divider.
- Injury sustained upon the sidewalk of a state highway.
- Injury sustained during the construction, reconstruction or repair of a state highway.
The amount which may be recovered for any such injury shall not exceed one fifth of one per cent of the valuation of the town in which the injury was received, nor shall it exceed four thousand dollars.
The maximum amount that the state is liable for, is $4,000.
Notice of the injury as required by law shall be given to a member of the department.
The requirements by law are outlined in M.G.L. 84, § 19. If the notice is not provided in time, the state is not liable. Notice must even be given if the state was aware of the road defect (Ram v. Town of Charlton, 409 Mass. 481, 1991). The notice should be given to a member of the department of public works, which depending on the road could be MassDot or DCR.