Massachusetts followed a rule that for years prevented an injured person from recovering against the property owner as a result of a slip and fall on ice and snow. The reason why that happened is because Massachusetts did not allow a person who was injured, no matter how seriously, to sue the owner of the property if the snow and ice accumulated naturally. There was no duty to shovel or clear the snow and there was no duty to sand or salt the ice. There essentially was no negligence in failing to do so.
Finally, Massachusetts following the majority of other states with respect to snow and ice cases returned to the “reasonably safe standard”. The property owner whether a homeowner, government entity, or commercial property owner is now held to the ordinary standard of negligence when it comes to snow and ice. The property owner must now keep his property in a reasonably safe condition and take precautions which are reasonable to prevent injuries to those persons who are lawfully upon the property.
Now it can be argued that if a property owner fails to shovel his walk and remove the snow; sand and salt the ice, he will be considered negligent and will be held responsible for personal injuries to any third party lawfully on his property. This would include sidewalks, driveways, parking lots, walkways and ramps.
The change in the law also provides for retroactive application. That means that any person who was injured as a result of a slip and fall on a natural accumulation of ice and snow within the last three years may now have a case. So, if you or anyone you know has been injured and has been told that you did not have a legal case that could be pursued under the old law, you may now have to take a second look. Call Ianello & Brittain right away at 413-731-3131.
Ianello & Brittain P.C. located in Western Massachusetts, with offices in Springfield, represent you in personal injury and criminal cases.
