Massachusetts up until a recent decision followed the rule that a person who was injured by a fall caused by a natural accumulation of ice or snow could not recover. In other words, a land owner or occupier had no obligation to sand or salt a sidewalk, parking lot or driveway as long as nature created the defect. Even if there was a rain storm or sleet storm which coated an owner or occupier’s property with a sheet of ice, there was no obligation to sand, salt or remove the ice. Massachusetts now follows the majority rule throughout the U.S. that a land owner or occupier must keep the premises in a reasonably safe condition for all those persons who are lawfully on the owner or occupier’s property. Many of the quite serious and debilitating injuries were suffered by the elderly and handicapped because they neither have the physical skills nor the reflexes to appreciate and avoid the danger.
The new law is a good one as it will force homeowners to shovel their walks and clear their driveways and businesses to make sure that their parking lots are properly plowed, salted, sanded and maintained throughout our winter season. In the long run this will avoid many injuries to those that can least afford it.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
