General Claims: The liability of the Town is set and limited by state law. Generally, the Town is liable only for specific acts of negligence in responding to dangerous conditions, not for the dangerous conditions themselves. For example, the Town is liable if it does not repair a pothole within a reasonable time after discovering it - the Town is not responsible for keeping the streets free of potholes. The law also imposes strict requirements for filing claims. Claims involving potholes must be filed in writing within thirty days of the incident. If you believe you meet the legal criteria for a claim, you should file a claim against the Town.
Pothole Claims: Potholes are generally caused by the expansion and contraction of freezing water underneath the road surface coupled with compression caused by motor vehicles passing over the surface. Once the surface of the road is broken, the pieces are knocked away by passing cars and the material underneath is washed away by rain. The freeze/thaw cycle in the early spring can produce many (large) potholes in a short period of time. DPW crews are dispatched regularly to fill potholes throughout the winter and spring seasons. Pothole reports can be submitted to the DPW by calling (413) 567-3400or via the YourGov website .