All property owners in the Commonwealth of Massachusetts are required by law to use reasonable care to maintain their premises in a safe condition. This means that the property owner must keep their properties free of dangerous conditions, such as slippery and sharp snow and ice, which are likely to result in injury to visitors that are both expected and unexpected. If reasonable care is not provided, the building or land owner can be liable for injuries sustained in both natural and unnatural snow and ice accumulations. If a third party moves snow or ice to a different location on the property owner's premises, and the property owner should be aware of the situation, then the property owner can be liable for injuries to visitors that happen because of the dangerous conditions.
The property owner that is liable for your snow or ice accident injuries may be a homeowner, a public or private organization or business, or the government. The manager of the property who is responsible for maintaining the property may also be liable for injuries sustained due to the area being poorly managed and unkempt. The company, public or private, that is responsible for providing snow and ice removal and treatment, may also be found liable to you if it fails to keep the property free from dangerous snow and ice.
Recently, a change in Massachusetts snow and ice law took place in which the Supreme Judicial Court of Massachusetts, the highest court that exists in Massachusetts, held that property owners and tenants can now be found liable for failing to keep their property free and clear of dangerous snow and ice, regardless of whether the condition resulted from natural or unnatural causes. Historically, to be able to pursue compensation after a slip and fall accident on snow or ice, the person that was injured was required to prove that there was an unnatural accumulation of ice or snow on the property. Examples of unnatural accumulations of snow and ice included snow piled across walkways and when water drips from a building onto a sidewalk, resulting in an icy patch, where the rest of the sidewalk is clear. Massachusetts now has the same rules for snow and ice liability as most other states. Maintaining property is now, more than ever, important in Massachusetts. The new rule in Massachusetts is that property owners are liable for injuries that are due to their failure to maintain their premises in a reasonably safe condition.
The new Massachusetts law means that property owners now have a greater duty to clear snow and ice when it falls and to keep their property reasonably safe for use by others. The question of what is reasonably safe is a fact question that may ultimately have to be decided by a jury. Therefore, land owners should exercise reasonable care in the removal of snow and ice as it falls and after it falls. Property owners should also check their property regularly to be sure that ice is not accumulating as a result of thawing and freezing. In addition, many communities have ordinances requiring snow to be removed from sidewalks after every snowstorm.
To learn how changes in the law can affect your ability to get the fair compensation you deserve for your injuries, contact our Boston, MA snow and ice accident injury lawyers at 617-787-3700 or email us at info@gilhoylaw.com for a free and confidential initial consultation.
The Massachusetts snow and ice accident attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates have extensive experience and skill in representing individuals who have suffered significant bodily injuries as a result of slips and falls on snow or ice.
As of July, 2010, the laws that relate to liability for injuries caused by slip and fall accidents on snow or ice significantly changed in Massachusetts. Under prior law, a property owner could only be found liable for injuries caused by a slip and fall if the accumulation of snow or ice was "unnatural" or “man-made.” This was often very difficult to prove. Property owners, however, now have a greater legal duty owed to all visitors on their property. Property owners must now ensure that reasonable care is taken to prevent injuries, regardless of whether the danger of injury from snow or ice stems from man-made or natural origins.
The Boston snow and ice injury attorneys at the Law Offices of Gilbert R. Hoy, Jr. and Affiliates stay up to date on all changes to the applicable state and federal laws so that we can fully use the laws to the advantage of our snow and ice injury clients and obtain the best possible outcomes.
Snow and ice that is not removed properly by the property owner can result in dangerous conditions that should be taken seriously. These hazardous conditions can cause accidents that result in life-changing and permanent injuries. There are many property owners in Massachusetts who do a poor job of eliminating hazardous snow and ice conditions, or neglect that responsibility entirely. Parking lots, sidewalks, grocery stores, retail establishments and other public passageways and places around your neighborhood can become difficult to navigate on foot due to dangerous accumulations of snow and ice. You have a right to expect that you can travel outside with reasonable safety in the winter, and that negligent property owners will be responsible to you for damages arising out of slip and fall injuries that you sustain as a result of unsafe conditions. Our team of Boston, MA snow and ice accident injury lawyers understands the complexities of snow and ice premises liability cases and we are here to help you. Our expert snow and ice injury attorneys have the skill and experience to help you pursue damages if you have been injured because of a property owner’s negligence.
If you have been injured in a snow and ice accident, the first thing you should do is get immediate medical attention. Falls on snow and ice can cause devastating injuries, including fractures, spinal cord problems and traumatic brain damage. It is not uncommon for symptoms to arise several days after your snow or ice accident. When you do seek medical assistance, it is very important to provide the medical staff with an accurate history of the accident and describe all of the body parts which are causing you pain.
If you are injured on snow and ice in any way, it is also important to take photographs of the accident scene as soon after the fall as possible. Many cell phones have cameras that can help you to record the condition of the scene of the accident immediately after you have been injured. If you are unable to take photographs right away, this may be done later by a friend or a family member who can return to the site of the accident. The important thing is to document the condition of the snow and ice at the time you were injured and before that condition changes. Subsequent removal of the snow or ice or melting can make it more difficult to prove your case if the condition of the snow or ice at the time you were injured cannot be proven.
Finally, it is imperative that you call our Massachusetts snow and ice accident injury lawyers at 617-787-3700. We will get you the fair monetary compensation that you require for your injuries. Our Boston, MA snow and ice accident injury attorneys will carefully listen to your concerns and investigate and analyze all of the circumstances surrounding your fall. We will carefully explain your rights to you and the options that are available to you. Under Massachusetts state law, the owner of the property must be contacted about the snow and ice accident within thirty days. If timely notice is not given, your ability to get the fair compensation that you deserve for your injuries may be affected. CALL US TODAY at 617-787-3700!
If you are the owner of a Massachusetts property, it is important to maintain your property in a safe, reasonable condition for visitors at all times. Oftentimes, Massachusetts property owners are uncertain as to what constitutes a “reasonable” and safe condition of their property. First, all property entrances and property exits should be kept clear of snow and ice. The snow and ice removal should be thorough, in other words, haphazard removal that results in a snow and ice injury does not meet the safe and reasonable standard. All walkways need to be wide enough to appropriately accommodate foot traffic. If the property has a parking lot attached to it, the parking lot should also be kept clear of all snow and ice. All Massachusetts homeowners have a duty as well to keep their walkways free of snow and ice for potential visitors.
According to recent reports, nearly 80% of all Massachusetts slip and fall accidents occur because of snow and ice. Oftentimes, Massachusetts snow and ice accidents are simply embarrassing and do not result in injury. In less fortunate circumstances, a snow and ice accident can lead to grave injury, including severe cuts and bruises, back injuries and broken bones. All Massachusetts property owners, including private property owners and commercial property owners, can be liable in the event of a snow and ice injury accident. Slip and fall snow and ice accident liability can include homeowners, business owners, shopkeepers, private companies, municipalities and even property managers. Massachusetts snow removal companies that inadequately remove snow and ice may also be held liable for injuries caused by their negligence. In the event that a third party moves snow and ice onto a property, the property owner may still be liable if a snow and ice accident occurs. The property owner is responsible to maintain his or her property in a safe condition at all times.
If you are a Massachusetts resident that suffered a slip and fall due to snow or ice, there are multiple issues that should be kept in mind. If you are unable to take photographs of the location of the accident at the time the accident occurs, it is vital to remember exactly where the accident took place, so that you or a friend is able to return to the accident scene later to photograph the snowy or icy conditions. It is also important that you try to ascertain whether the slip and fall took place on private or public property, as the duty of care and resulting damages will differ depending on the type of property owner that is involved. You should record any information regarding weather conditions and potential causes for the snow and ice accumulation on the day of your accident, for example dripping snow and ice.
Your legal rights need to be protected after a fall on snow or ice. You should consult with a member of our highly skilled team of Boston, MA experienced premises liability lawyers. Our snow and ice accident lawyers understand the requirements of Massachusetts law and how to prove responsibility of the property owner for your injuries.
Our Massachusetts personal injury lawyers are proud to represent Massachusetts personal injury clients from throughout the Commonwealth.
Second, our Boston snow and ice injury law experts always provide our clients with exceptional client service. This is as important to us as the outcome of your Massachusetts snow and ice injury case. Our Boston snow and ice accident law office keeps every client fully informed of the progress of his or her snow and ice slip and fall case. As part of this commitment, all of our Massachusetts snow and ice accident personal injury clients are copied on all correspondence from us, and we make it a priority to promptly respond to all phone calls and other inquiries from our clients. Our level of client service truly distinguishes us from other Massachusetts snow and ice accident law firms. The snow and ice injury attorneys at our Boston snow and ice accident law office never act on behalf of a client without first thoroughly discussing the matter at hand with our client and jointly coming to a decision beforehand. Our Boston snow and ice accident law office endeavors to represent each of our injured clients in such a manner that ensures that our clients receive the individualized, detailed attention that their unique snow and ice accident case deserves.
Our driving motivations of superior client relations and exceptional legal counsel make our Boston, MA personal injury office a law firm you can trust.
