Pothole and Roadway Defect Response Policy

INTRODUCTION

This policy outlines the Town’s procedures for identifying, documenting, and responding to roadway defects, particularly potholes, in compliance with Massachusetts General Laws (MGL), Chapter 84, Sections 15 and 18.

 

DEFINITION

Definition of a Defect: A “defect” includes any break, depression, or hazard in a public roadway or sidewalk that could pose a danger to pedestrians or vehicles, including but not limited to potholes.

 

Potholes typically result from water freezing and thawing beneath the pavement and the repeated stress of vehicular traffic. Once the surface breaks, vehicle traffic dislodges the pavement, and rainwater can wash away the underlying material. These conditions can cause a significant increase in potholes overnight.

 

In addition, road defects may also result from utility work performed by contractors cutting into the roadway.

 

PROCEDURES

    1. Reporting a Pothole or Roadway Defect: Residents are encouraged to report potholes or roadway defects in writing to the Department of Public Works (DPW). Reports must include:
    2. Date and time of the report
    3. Exact location of the defect
    4. Description of the issue
    5. Name and contact information of the reporting party

 

Written notice may be submitted via:

  • Email to the Director of the DPW: worourke@plainville.ma.us 
  • Online reporting form at https://plainville.ma.us/FormCenter/Public-Works-6/Report-a-Pothole-47 
  • Hand-delivery or mail to: 
  • Plainville Town Hall, 190 South Street, Plainville, MA 02762; or
  • Department of Public Works, Plainville Town Hall, 190 South Street, Plainville, MA 02762
  • Town Response Protocol: Upon receiving written notice of a defect:
  • The DPW will inspect the location within 48 to 72 hours, subject to weather, staffing, and emergency conditions.
  • Temporary repairs will be made as soon as practicable; permanent repairs will be scheduled accordingly.
  • All defect reports and repair actions will be logged for tracking and compliance.

LIABILITY AND CLAIMS

Under MGL Chapter 84, the Town is responsible for repairing defects in public ways. The law does not guarantee the safe condition of public ways. The Town is liable for damages caused by defects only if:

  • The Town received prior written notice of the defect, and
  • the Town fails to make repairs within a reasonable time after the defect is reported (typically 48 to 72 hours).

Even if the Town is negligent, the law bars recovery if the driver was also negligent (e.g., by speeding).

 

To file a claim, the following is required:

  • Be filed in writing within 30 days of the incident.
  • Include the time, location, description of the incident, and supporting documentation (e.g., repair bills, photographs).
  • Include a copy of a paid receipt or two estimates for the repairs to your vehicle.
  • Request reimbursement from the Town.

All claims will be reviewed in accordance with MGL Chapter 84. Claimants will be notified by mail of the outcome. The Town’s liability is capped at $5,000 and may be further limited by other statutory protections.

 

PROACTIVE INSPECTIONS

The DPW conducts regular inspections of public ways and prioritizes repairs based on severity, traffic volume, and risk. Residents are still encouraged to report defects when noticed.

 

DISCLAIMERS

This policy does not create or expand any liability beyond that established by law. The Town reserves the right to amend this policy at any time.