A serious fall can fracture bones, injure your back, or cause a traumatic brain injury. In Massachusetts, property owners have a legal duty to keep their premises reasonably safe — and that includes a specific duty to address snow and ice. When they fail, an injured visitor can pursue compensation.
Snow and Ice Liability in Massachusetts
For many years, Massachusetts law shielded property owners from liability for 'natural accumulations' of snow and ice. That changed with the Supreme Judicial Court's 2010 decision in Papadopoulos v. Target Corporation, which eliminated the distinction between natural and unnatural accumulations. Today, property owners must act reasonably to keep their property safe from all snow and ice hazards, just as they must for any other dangerous condition.
Given New England's long winters, snow-and-ice falls are among the most common premises liability claims in the Commonwealth. There is also a short notice requirement for snow-and-ice claims against many property owners, so it is important to act quickly.
Proving a Massachusetts Premises Liability Claim
To recover, you generally must show that the property owner knew or should have known about a dangerous condition and failed to fix it or warn about it within a reasonable time. Evidence such as photographs of the hazard, incident reports, surveillance video, weather records, and maintenance logs is critical — and much of it can disappear quickly.
Falls also happen from wet floors, uneven walkways, broken stairs, poor lighting, loose carpeting, and code violations. The same basic duty of reasonable care applies.
Compensation and Comparative Fault
A slip and fall claim can recover medical expenses, lost wages, future care costs, and pain and suffering. Massachusetts' comparative negligence rule applies, so the property owner's insurer may argue you were not watching where you were going. As long as you were not more than 50 percent at fault, you can still recover, with your award reduced by your share of responsibility.
Frequently Asked Questions
Yes. Since the 2010 Papadopoulos decision, Massachusetts property owners can be liable for failing to reasonably clear snow and ice. Notice deadlines for these claims are short, so act quickly.
Generally that the owner knew or should have known about a dangerous condition and failed to address it within a reasonable time, and that this caused your injury.
Generally three years from the date of the fall under Massachusetts law, but snow-and-ice claims may have shorter notice requirements.
No. Our network attorneys work on contingency — no fee unless they win compensation for you.
Injured in Massachusetts? Your free case review is one call away. Reach us at 973-566-5599 — available 24/7, no fee unless you win.