How long do I have to file a slip and fall claim in Massachusetts?

In most cases, three years from the date of the fall. Falls on city or town property, like public sidewalks, can have special notice rules with much shorter deadlines, sometimes as short as 30 days. The evidence clock is even shorter, so it's best to act quickly.

Falls on private property

For a fall at a store, restaurant, apartment building, or private home, you generally have three years from the date of the fall to file a lawsuit. Most claims settle well before that, but the insurance company knows the date. If it passes, your claim is over.

Falls on public property: shorter and stricter

• Public sidewalks and streets. You usually have to give the city or town written notice within 30 days, describing when, where, and how you fell. Damages are capped, and snow or ice alone usually isn't enough to make the city or town responsible.
• Public buildings and public housing. Falls at a city building, a public school, or a housing authority property usually require a written claim to the right official within two years, before any lawsuit. Damages are capped here too.

Who owns the property isn't always obvious. The sidewalk in front of a store may belong to the city. An apartment complex may be run by a housing authority. If there's any chance public property is involved, get advice right away.

The deadline that matters most

Legal deadlines are measured in years, but evidence is measured in days. Security video gets recorded over, ice melts, spills get mopped, broken steps get repaired, and witnesses forget. See what if my accident happened days ago?

What to do now

1. Write down the exact location, date, and time of the fall.
2. Take photos of the spot, even if you have to go back.
3. Report the fall in writing to the owner or manager and keep a copy.
4. Talk to a lawyer early, especially if the fall happened on a sidewalk or public property.

Get a Free Consultation

Worried you're running out of time? Call Attorney Daniel A. Pava at 413-781-8700 for a free review of your deadline. More on our Springfield slip and fall lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103