State's law on sidewalk injuries a relic of the ‘60s
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The law is as cruel to victims as it is outdated, but more than that it is simply bad public policy, providing no incentive for public officials to either keep sidewalks in a state of good repair or make repairs in a timely fashion.
That loose chunk of cement on East Broadway today remains as it was four years ago when that accident happened.
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Alison Evans, a freelance photographer, broke her arm in a fall on Newbury Street in the summer of 2022, and brought her tale of justice denied to Boston Globe consumer advocacy reporter
That low payout cap effectively prevents people from obtaining legal representation. Personal injury lawyers usually get a third of any settlement or jury award, but a third of $5,000 — that's $1,666 — isn't worth their time.
'I went to every lawyer in my building after my fall,' Rosanne Mercer told the editorial board, 'and couldn't find anyone to take the case.' Mercer, who was running a public relations agency on the waterfront when she had her accident, suffered a broken foot and a concussion from a fall over a newly reconfigured curb. When the complaint was filed, it was day 31.
There ought to be law, right? Or more properly a better law. And, yes, there could be.
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The legislation, filed by Democratic Representative Jay Livingstone of Boston, would increase the current 30-day limit to two years and the $5,000 limit to $100,000 — essentially treating injuries on public sidewalks like any other injuries caused by a government agency covered by the
But for those injured on faulty sidewalks it at least would provide a fairer timeline and far better financial relief.
Among those supporting the legislation in written testimony was Bonnie Donohue, who told the committee she was hospitalized and incurred some $30,000 in dental bills from a fall over a corrugated barrier on Summer Street near her apartment
(And for clumsy people who think every stumble will lead to an easy payday: Sorry, but filing a claim doesn't mean you'll actually get paid, or that you'll get paid the maximum amount. People seeking compensation still need to demonstrate negligence on the city's part.)
This isn't only a Boston problem. Where there are sidewalks and aging infrastructure, there will be accidents. Northampton, now in the process of
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No one wants to see a city or town bankrupted by specious claims or frivolous lawsuits. But a law where the financial penalties haven't been updated in 60 years — even as medical costs have soared for everything from tending to skinned knees to fixing broken bones — does a grave disservice to those injured through no fault of their own. It imposes virtually no penalty for communities to take better care of their infrastructure, from sidewalks to curbs to potholes, and that's plain wrong.
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