Legal Concerns from the New Year's Boston Bridge Accident

The New Year in Boston began on a tragic note as a woman was crossing the Meridian Street draw bridge to East Boston, and was killed.  The exact cause of the accident remains under investigation, but questions have been raised about whether the accident could have been avoided.

Early reports indicate that the bridge was operated by the City of Boston’s Department of Public Works.  From a legal stance, this raises a frequently misunderstood legal issue in Massachusetts.  What happens when a town or city in Massachusetts contributes to such an incident?  Is the City liable? Can a case be filed against the town or city in question? The answer may be surprising to some.

Under Massachusetts law, public employees including city and town employees are immune from lawsuits even if they are negligent.  Thus, unlike a typical incident where an employee and employer can be sued, in Massachusetts a case against the employee cannot be filed.  The only claim that can be made is one against the public entity such as the town or city.

In a claim against a town or city in Massachusetts, damages are limited to $100,000 no matter how horrific the incident.  There are no punitive damages available. In other states, public entities can be held liable just as a private citizen.

Public entities like towns and cities are also sheltered by a short statute of limitations.  Claims against public entities in Massachusetts must be “presented” to the public employer in a very comprehensive way before moving forward.  All of these legal requirements are contained in the Massachusetts Tort Claims Act, General Laws Chapter 258.  https://malegislature.gov/Laws/GeneralLaws/PartIII/TitleIV/Chapter258

Despite the legal security of public employers under the Act, it is important to note that the Massachusetts Tort Claims Act only applies to public employees and employers.  Private contractors are often involved in many facets of public functions—design, construction, operation, and repair of things like buildings, tunnels, and bridges.  Such private contractors will be liable for any negligence that causes injury.

The Massachusetts Tort Claims Act makes it necessary for anyone seeking recourse for death or injury, involving a public entity, to take steps in ensuring that all potential parties involved are identified and held responsible.  This is best done by experienced attorneys working along with investigators, on behalf of the person injured.

Ben Zimmerman Joined Sugarman and Sugarman P.C. in 2000 as an associate and became a partner in 2007. His practice is dedicated to the litigation and trial of personal injury cases with emphasis in the areas of defective products, medical malpractice, construction site accidents, and premise liability. For more information visit www.sugarman.com