Massachusetts Property Owners Must Clear Walkways
Posted on Mon, Dec 13, 2010
On July 26, 2010, the Supreme Judicial Court eliminated a long-held distinction in Massachusetts state law between "natural" and "unnatural" accumulations of snow and ice. The “natural accumulation” rule meant that Massachusetts property owners were not liable for injuries resulting from the natural accumulation of snow and ice on their properties. For example, if a snowstorm dropped a foot of ice and snow on a Massachusetts property, the property owner could not be held liable if a visitor slipped and fell on that snow because it was a “natural accumulation.”
The court ruled in the case of Emanuel Papadopoulos of Peabody, who broke his pelvis in 2002 when he slipped and fell on a patch of ice in the parking lot of the Liberty Tree Mall in Danvers in front of a Target department store.
What this change in Massachusetts snow removal law means for all property owners, both residential and commercial, is that they need to be extra vigilant after snow and ice storms, and clear areas in which the public and visitors have access–early and often. Another suggestion would be to maintain a log of snow plowing dates and times. Whether a property owner takes reasonable steps in removing snow and ice will be determined by juries on a case by case basis. While this ruling is good for public safety, it has the potential to result in more slip and fall cases filed, and possibly additional insurance costs. Homeowners and business owners should ensure that they have sufficient liability coverage.