If you intend to sue a town, city or the State, you should familiarize yourself with the Massachusetts Tort Claims Act MGL Ch. 258.

First of all, your statute of limitations is short, two years. Then , before you can file suit, you must give notice to the town, city or State of the nature of the claim. After that, you must wait 6 months for their denial of the claim or their omission to act.

You must also check to learn if the conduct you are alleging is protected by sovereign immunity. Although public employees of the above entities are generally not immune from negligent or wrongful acts or omissions acting within the scope of their employment, and they are not immune from intentional torts or crimes, they can be immune from judgment for acts of third parties when the public employee did not first take affirmative action, discretionary acts, some failure to inspect, etc… Check Section 2 for general immunity and Section 10 for specific exclusions.

Don’t hesitate to call me at 508-243-4877 if you believe you have a valid claim.