I got a sprained ankle in a hole at the local park. Can I sue the city?

UPDATED: Oct 2, 2022

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I got a sprained ankle in a hole at the local park. Can I sue the city?

The local park had signs removed a few days ago and the city never filled them
in. New Link Destination
day my foot went in one of those holes and I sprained my ankle. While
going home I saw someone from the parks department and asked if they could fill
them in and they were shocked that they were not because they had already
mentioned to their boss about them not being filled in. They asked me to call a
number and speak to someone directly and mention that I had just fallen in one
of the holes at this location. Apparently there are holes in all the parks from
the lunch program signs being removed and they were supposed to be filled the
same day they were removed but were not.
Now the problem here is I go to this park every day to work with my puppy who
is in training to be a service dog and now I have to hold off on that because
my ankle is jacked up. So not only does this affect me it affects my dog too.
The parks department worker ended up actually calling for me and made a report
but considering this shows negligence because they were already warned a few
days prior I feel this could and should have been avoided.

Asked on August 29, 2019 under Personal Injury, Massachusetts


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Prior to filing a lawsuit against the city, it may be possible to settle the case. Contact the city claims department. Be sure to follow their procedures and not miss any filing deadlines or you may lose the right to file a future lawsuit.
You will need to document your injury with medical treatment. When you are released by the doctor , obtain your medical bills, medical reports, and documentation of wage loss. Your claim filed with the city should include those items.
Compensation for the medical bills is straight reimbursement. The medical reports document your injury and are used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. Compensation for wage loss is straight reimbursement.
If the case is settled, no lawsuit is filed.
If you are dissatisfied with settlement offers from the city, reject them and file a lawsuit for negligence against the city. As mentioned above, follow the city's claims procedure and don't miss any filing deadlines or you may lose the right to file a lawsuit.
In addition to the city's deadline for filing a lawsuit for negligence, your lawsuit must also be filed prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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