Massachusetts winters create some of the most hazardous walking conditions in the country. Icy sidewalks, snow-covered parking lots, and slippery building entrances cause thousands of serious falls every year – falls that result in broken bones, traumatic brain injuries, hip fractures, and other devastating injuries. If you fell on ice or snow on someone else’s property in Massachusetts, here is what you need to know about your legal rights.
The Old Massachusetts “Natural Accumulation” Rule Has Changed
For many years, Massachusetts followed the “natural accumulation” doctrine – a rule that largely protected property owners from liability for falls on naturally occurring snow and ice. Under that old rule, a property owner was not liable simply because snow or ice was present on their property. That changed significantly with the Massachusetts Supreme Judicial Court’s 2010 decision in Papadopoulos v. Target Corporation, which replaced the natural accumulation rule with a standard reasonable care approach.
Under the current standard, Massachusetts property owners owe the same duty of reasonable care to maintain their premises in a reasonably safe condition with respect to natural accumulations of snow and ice as they do for any other hazardous condition. This means that if a property owner knew or should have known about an icy condition and failed to take reasonable steps to address it, they can be held liable for resulting injuries.
What Makes an Icy Condition an Owner’s Responsibility?
Courts look at several factors: Did the owner have adequate notice of the icy condition? Was the condition present long enough that a reasonable owner should have addressed it? Did the owner take reasonable steps to clear ice and apply sand or salt? Was there a prior storm event that created the hazard, and how much time had passed? Property owners in Massachusetts are generally expected to address ice and snow hazards within a reasonable time after a storm ends – and to maintain previously cleared areas that have re-iced.
Special Rules for Landlords
Massachusetts landlords have specific obligations regarding snow and ice removal in common areas of rental properties – including parking lots, sidewalks, and building entrances. When a tenant or visitor falls in a common area due to a landlord’s failure to adequately address ice or snow, the landlord can face premises liability. Lease provisions that attempt to shift snow removal responsibility to tenants do not always protect landlords from liability when common areas are involved.
What to Do If You Fall on Ice or Snow
Seek immediate medical attention. Report the fall to the property owner or manager. Document the condition that caused your fall with photographs, and preserve any footwear you were wearing. Note the names of any witnesses. Contact a Massachusetts slip and fall attorney as soon as possible – particularly because surveillance footage showing the condition of the property before and after your fall may be overwritten within 24 to 72 hours. Larson Law handles slip and fall cases throughout Massachusetts on a contingency fee basis. Contact us for a free consultation.