Pagliarulo faces a daunting reality after suffering a serious injury from a fall on a city sidewalk, leading to an out-of-pocket expense of about $20,000 for dental implants.
Despite Medicare covering medical bills, dental costs are not included, leaving her to navigate the complexities of her situation alone.
The incident occurred on a sidewalk in Boston with a documented history of hazards, primarily caused by the roots of a nearby tree that had lifted a section of concrete.
Neighbors have reported that although the city responded to earlier complaints by applying asphalt to the raised edges, the solution was insufficient.
Photos shared by residents indicated that the sidewalk remained uneven and bumpy, continuing to pose a risk for pedestrians.
In a move that seemed to confirm the existing hazard, the city removed the troublesome tree and the adjacent sidewalk two months following Pagliarulo’s fall, replacing it with a smooth asphalt surface.
Pagliarulo is now seeking accountability from the City of Boston, believing that negligence in maintaining the sidewalk played a crucial role in her injury.
The dispute lies in the legal responsibilities that property owners, including municipalities, have to keep their premises safe for public use.
Homeowners typically secure liability insurance for such circumstances, but laws in Massachusetts tilt the scales heavily in favor of municipalities, complicating matters for individuals like Pagliarulo.
State legislation enacted long ago shields cities from a high number of personal injury lawsuits, introducing stringent measures that severely limit the recourse available to injured parties.
One significant hurdle is the requirement for injured individuals to provide written notice of their claims within a mere 30 days of the incident.
This timeframe stands in stark contrast to the three-year statute of limitations for personal injury cases between private parties in Massachusetts.
Following her fall, Pagliarulo was primarily focused on surviving the dire circumstances she found herself in.
She described a period of critical vulnerability where daily life became a struggle, with family members stepping in to help with her care as she regained strength.
In her initial interactions with the city following her recovery, Pagliarulo was met with an unexpected barrier.
The city’s legal department informed her that she missed the required notice deadline, leading to the dismissal of her claim.
Despite her physical and psychological challenges, which included feelings of disorientation and distress, city officials maintained that the legal framework did not accommodate her situation adequately.
Encouraged by helpful neighbors, Pagliarulo explored the possibility of claiming her injury under a provision allowing for incapacitated individuals to file claims upon their recovery.
However, the city’s legal team warned that the definition of
image source from：bostonglobe
