Wilkins v. City of Haverhill

Plaintiff was injured when she slipped and fell on ice on the walkway of a public school. The walkway was owned and operated by the City of Haverhill, and Plaintiff was on the premises to attend a scheduled parent-teacher conference. Plaintiff sued the City for negligence. The superior court allowed the City’s motion for summary judgment, concluding that Plaintiff’s claim was barred by Mass. Gen. Laws ch. 21, 17C, which bars claims of ordinary negligence against a landowner, including a governmental entity, that has opened its land to the public for recreational, educational, or other enumerated purposes, without charging a fee. The Supreme Court reversed, holding (1) the limitation on liability provided by the statute extends solely to land open to the general public; and (2) when Plaintiff was injured, the school was open only to a discrete group and not to the general public View "Wilkins v. City of Haverhill" on Justia Law