WeVote
Log In

Bill

Bill

H 1613

An Act permitting persons to bring car damage arising from a pothole against the public entity into small claims court

194th Legislature (2025-2026) Introduced by Tackey Chan

Massachusetts bill allowing drivers to sue public entities in small claims court for pothole damage, lowering legal barriers but potentially increasing municipal litigation costs and liability exposure.

Hearing rescheduled to 11/04/2025 from 01:00 PM-05:00 PM in A-1 and Virtual Hearing updated to New End Time
0
WeVote Research Nonpartisan
Bill Summary · H 1613

Legislative bill overview

H 1613 would allow Massachusetts residents to sue municipalities and public entities in small claims court for vehicle damage caused by potholes. Currently, sovereign immunity laws generally shield public entities from such liability, making it difficult for citizens to recover costs for pothole-related damage without pursuing expensive litigation in regular civil court.

Why is this important

Pothole damage is a widespread and costly problem affecting drivers across Massachusetts, with repair expenses ranging from hundreds to thousands of dollars. This bill would lower the barrier to justice for ordinary citizens by enabling small claims court access, which has simplified procedures, lower filing fees, and no attorney requirement—making it practically viable to seek compensation for typical pothole damage that falls below small claims court limits (typically $5,000-$7,500 depending on jurisdiction).

Potential points of contention

  • Fiscal impact on municipalities: Cities and towns could face significantly increased litigation costs and damage payouts, potentially straining already limited public budgets and redirecting funds from road maintenance to litigation expenses
  • Sovereign immunity erosion: The bill directly challenges traditional governmental immunity doctrine, which some argue exists to protect public entities from frivolous claims and allow them to function without constant legal exposure
  • Causation and proof challenges: Determining whether a specific pothole caused particular damage, establishing negligence standards, and differentiating normal wear from negligent maintenance could create disputes and inconsistent outcomes across courts

Compiled from official sources — confirm details with the bill’s official record.

Sign in to ask a question.