ATTORNEY ANSWER:
Under the old Massachusetts law, a property owner was not liable if a someone slipped and fell on ice or snow while lawfully on the property if the ice or snow had accumulated “naturally” or unchanged from how if fell from the sky. This meant that as long as a property owner did not change the ice or snow by shoveling it for example, and it remained in its natural condition, there usually was no legal responsibility if someone slipped and fell. However, a recent Supreme Judicial Court case has now changed the law. Presently, a land owner may be legally liable if someone lawfully on the premises slips and falls on ice or snow. The Court eliminated the distinction between “natural” and “unnatural” accumulations of ice or snow and ruled that our courts must now apply to hazards arising from snow and ice the same obligation to use reasonable care that a property owner owes to all lawful visitors as to all other hazards such as broken steps, burned out lights, etc. The bottom line is that Massachusetts property owners must use reasonable care to remove or treat snow and ice on their properties. Of course what is reasonable will vary by the circumstances.
The law firm of Krasnow, Keller & Boris is headquartered in Framingham, Massachusetts in Boston’s Metrowest representing victims of personal injury cases involving motor vehicle accidents, construction site injuries, premises liability claims, slip and fall injuries, negligence cases, workers compensation claims, and social security disability matters.
Our experienced attorneys provide legal services to individuals, families and businesses throughout the Greater Boston region as well as all of Massachusetts. Our lawyers concentrate in personal injury, civil litigation, business law, and real estate transactions. Located in the Boston Metrowest town of Framingham, our attorneys serve adjacent communities including Ashland, Cambridge, Dedham, Dover, Hopkinton, Holliston, Lowell, Marlborough, Maynard, Medfield, Natick, Needham, Newton, Sherborn, Sudbury, Waltham, Wayland, Wellesley, Weston, Middlesex County and Worcester County.