You May be Shocked to Learn That… if you suffer an injury at a public space, used for recreational purposes, and no fee is charged, you are not entitled to any recovery whatsoever.
Every weekend, the family would pack a picnic, load the car and head down to the town park. After lunch, Dad and his 6-year-old daughter dug for worms and headed to the river to catch a few sunfish. Mom and their 3-year-old stayed behind and while her back was turned for a split second, the child climbed onto a rusted public playground set. At the top, he lost his balance and fell head-first onto a rusted spike protruding from the set.
The family rushed to the emergency room and discovered that their little one had suffered a retinal injury and the eye could not be saved. Seeking advice from a lawyer about whom they could sue to help with the medical bills and address their child’s injury, they were shocked to learn that in Massachusetts, if you suffer an injury, regardless of how severe —even one that results in death—due to a negligent condition or a defect in property that is (a) open to the public; (b) used for recreational purposes; and (c) for which no fee is charged, you are barred from recovering anything from the property owner.
(M.G.L.A. c. 21 Section 17C)
