Slip and Fall on Ice or Snow in Massachusetts: What You Need to Know
Massachusetts winters mean ice, snow, and dangerous walkways. When a property owner fails to properly maintain their premises after a storm, innocent people get hurt. But recovering compensation after a winter slip and fall in Massachusetts requires understanding some important legal nuances.
The Massachusetts Natural Accumulation Rule: Gone Since 2010
For decades, Massachusetts followed the “natural accumulation rule,” which shielded property owners from liability when someone slipped on naturally accumulating snow or ice. In 2010, the Massachusetts Supreme Judicial Court abolished this rule in the landmark case Papadopoulos v. Target Corp. Property owners in Massachusetts are now held to a general reasonableness standard for snow and ice maintenance.
What Does “Reasonable Care” Mean for Property Owners?
Property owners — including commercial businesses, landlords, and homeowners — are now required to exercise reasonable care in removing snow and ice from their walkways, parking lots, and entrances. Relevant factors include how much time passed since the storm ended, whether the property owner had notice of the hazard, whether they made any effort to treat or remove the ice and snow, and the foreseeability of pedestrian traffic on the property.
Common Locations for Winter Slip and Fall Accidents
Winter slip and fall accidents frequently occur in grocery store and retail parking lots, apartment building entrances and walkways, office building entryways, restaurant and bar approaches, and public sidewalks adjacent to commercial properties. Each location involves different rules about who is responsible for maintenance.
What to Do After a Winter Slip and Fall
Seek medical care immediately. Document the hazard with photographs before it melts or is treated. Report the accident to property management and get a copy of the incident report. Preserve the footwear you were wearing. Contact a Massachusetts slip and fall attorney promptly — evidence in winter accidents can disappear quickly.
Contact a Massachusetts Slip and Fall Lawyer
Larson Law represents slip and fall victims throughout Massachusetts, including winter ice and snow accidents. Contact us today for a free consultation. We work on contingency — no fee unless we win.