Pothole Claims

Claims for road defects/potholes in or on public ways in Massachusetts are governed by M.G.L. Chapter 84, Section 15 which lays out a number of conditions necessary to establish liability under the statute and establishes a maximum damage cap of $5,000.
 
For purposes of this Advisory, two important elements of Chapter 84, Section 15 will be highlighted from the perspective of municipal risk management. 
 
Breach
 
Breach of duty requires two key elements: (1) notice of the condition, and (2) an opportunity to repair the defect. A person filing a claim must establish that the municipality had either actual or constructive notice of the defect prior to the accident. In addition, they must also prove the municipality had a reasonable opportunity to repair the defect prior to the loss and failed to do so.
 
 
Notice
 
A person intending to file a road defect/pothole claim must provide written notice to the municipality within (30) days of the incident. The written notice must contain specific information sufficient to allow the municipality to investigate.  To submit a pothole claim, please call or email the Human Resources Director at 508-440-2826 or kmobrien@norfolk.ma.us.


For a more complete understanding of Chapter 84, Section 15 please refer to the attached link which includes the actual statute. 
M.G.L. Chapter 84, Section 15