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Can I Sue the MBTA?

Yes. The MBTA is a corporation established to serve a public purpose and is liable in tort for negligence. As a common carrier, the MBTA has a high duty of care. That means that because the T's service is delivering people, they are required, under the law, to take greater precaution to ensure the safety of its passengers.

If you have been the victim of negligence, learning you have a legal claim can provide a sense of assurance that you will be able to recoup your damages and receive some compensation for your pain and suffering or loss of a loved one.

Probably the most heart-wrenching fact victims might learn is that they may have missed the statute of limitations and their legal opportunity to bring the action has closed.

If you have a case against the MBTA, this can be a particularly tricky issue. That's because the statute of limitations for bringing a negligence action generally in Massachusetts is three years. However, there is a TWO YEAR presentment requirement for the MBTA. That means if your action is against the MBTA, you need to present the action within 2 years, not 3. The issue has been appealed and the law is well settled. There is no exception.

Additionally, if your injury occurred on a public way, perhaps on a public sidewalk or street adjacent to the MBTA, there may be a 30 DAY notice requirement, requiring notice to any government who owns the land.

Beyond these limitations, clearly it is easier to bring a case soon after it occurs, rather than a year or two later. Two years is a long time when it comes to this type o thing. Witnesses forget what they saw, conditions are repaired or improved, evidence can be lost. If you have been injured, call and speak with an attorney today. Call our office today at 866-995-6663 and you'll speak with a Boston Personal Injury Attorney for free.

Categories: negligence, MBTA

The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.

Phone: (866) 995-6663
Address: 15 Court Square, Suite 800, Boston, MA 02108