Massachusetts General Laws

Mass. Gen. Laws ch. 81, § 18 (2026)

Defects in highways; liability

✓ current as of July 2026

Find cases: SyfertCases citing this section MAmalegislature.gov (official) JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

Section 18. The commonwealth shall be liable for injuries sustained by persons while traveling on state highways, if the same are caused by defects within the limits of the constructed traveled roadway, in the manner and subject to the limitations, conditions and restrictions specified in sections fifteen, eighteen and nineteen of chapter eighty-four, except that the commonwealth shall not be liable for injury sustained because of the want of a railing in or upon any state highway, or for injury sustained upon the sidewalk of a state highway or during the construction, reconstruction or repair of such highway. The amount which may be recovered for any such injury shall not exceed one fifth of one per cent of the valuation of the town in which the injury was received, nor shall it exceed four thousand dollars. Notice of the injury as required by law shall be given to a member of the department.

Notes of Decisions

Cited in 38 cases, 1923–2010 · leading case: Ram v. Town of Charlton, 567 N.E.2d 208 (Mass. 1991).

Sort: Relevance Newest Treatment

Ram v. Town of Charlton, 567 N.E.2d 208 (Mass. 1991). · cites it 14× “The judges passing on the motions ruled that the plaintiff’s claims fell within the statutes governing actions which allege injuries caused by defects in public ways, G. L. c. 81, § 18 (1988 ed.), and G. L. c.”

Kromhout v. Commonwealth, 500 N.E.2d 789 (Mass. 1986). · cites it 10× “258 is not implicated in this case because whatever liability the State faces must be based on G.L.c. 81, § 18. Section 18 imposes liability on the Commonwealth for "injuries sustained by persons while *690 traveling on state highways, if the same are caused by defects within…”

Patrazza v. Commonwealth, 497 N.E.2d 271 (Mass. 1986). · cites it 4× “The defendant’s motion for judgment notwithstanding the verdict asserted that the plaintiff’s claim was cognizable exclusively under G. L. c. 81, § 18, and that the plaintiff was barred from recovery under that section because he failed to give proper notice (see G.”

Fearon v. Commonwealth, 474 N.E.2d 162 (Mass. 1985). · cites it 4× “If so, the notice provisions of G. L. c. 81, § 18, apply and the presentment requirements of G.”

Tomasello v. Commonwealth, 496 N.E.2d 638 (Mass. 1986). · cites it 4× “One of those statutes, *286 G. L. c. 81, § 18 (1984 ed.), concerns the Commonwealth’s liability for defects in State highways and incorporates by reference statutory provisions (G.”

Commesso v. Hingham Hous. Auth. Hingham, 507 N.E.2d 247 (Mass. 1987). · cites it 3× “84, §§ 15-25, and G. L. c. 81, § 18. This court has held that, where a claim exists under G.”

Colella v. Commonwealth, 630 N.E.2d 595 (Mass. 1994). · cites it 5× “Under G. L. c. 81, § 18 (1992 ed.), “[t]he commonwealth shall be liable for injuries sustained by persons while traveling on state highways” caused by defects in the highway.”

Karlin v. Massachusetts Tpk. Auth., 506 N.E.2d 1149 (Mass. 1987). · cites it 3× “By G. L. c. 81, § 18 (1984 ed.), the Commonwealth is specifically exempted from liability for want of a railing on any State highway.”

Sanker v. Town of Orleans, 538 N.E.2d 999 (Mass. App. Ct. 1989). · cites it 2× “G. L. c. 81, § 18; c. 84, § 15. 7 By this rule a municipality is held responsible only if its negligence is the sole cause of the injuries.”

Commonwealth v. Chapman, 744 N.E.2d 14 (Mass. 2001). “687, 690 (1986) (G. L. c. 81, § 18, limiting Commonwealth’s liability for injuries caused by highway design defects); Grass v.”

Wong v. Univ. of Massachusetts, 777 N.E.2d 161 (Mass. 2002). “See G. L. c. 81, § 18; St. 1983, c. 476, § 13.”

Morrissey v. New England Deaconess Ass'n - Abundant Life Communities, Inc., 458 Mass. 580 (Mass. 2010). “512, states: “The provisions of this act shall be construed liberally for the accomplishment of the purposes thereof but shall not be construed to supersede or repeal [G. L. c. 81, § 18, and G. L. c. 84, §§ 15-25], Any other provision of law inconsistent with any other…”

Show all 38 citing cases →

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.