Winter in Massachusetts brings hazardous conditions, particularly in the form of snow and ice, which significantly increase the risk of slip-and-fall accidents. When these incidents occur, determining who is responsible for injuries sustained due to untreated or poorly maintained walkways is crucial. Massachusetts law places a duty on property owners to ensure that their premises remain reasonably safe for visitors. If you have suffered an injury due to a snow or ice-related fall, understanding your legal rights is essential.
Massachusetts Snow and Ice Liability Laws
Massachusetts law follows the “reasonable care” standard, which means that property owners must take reasonable steps to clear snow and ice to prevent accidents. This applies to various types of property, including:
- Residential properties – Homeowners have an obligation to remove snow and ice from walkways and driveways used by guests or delivery personnel.
- Commercial properties – Businesses, such as stores and office buildings, must keep entrances, sidewalks, and parking lots clear of snow and ice to protect customers and employees.
- Rental properties – Landlords may be liable for falls occurring in common areas, such as stairwells, walkways, or parking lots.
- Municipal properties – Special rules apply to government-owned properties, and claims against a city or town require specific legal steps.
If a property owner fails to remove hazardous snow or ice in a reasonable amount of time, they may be held liable for injuries sustained on their property.
Common Injuries from Snow and Ice Falls
Slip-and-fall accidents on snow and ice can result in severe injuries, including:
- Fractures and broken bones, especially in the wrists, hips, and ankles.
- Traumatic brain injuries (TBI) caused by head impacts on hard surfaces.
- Sprains, strains, and ligament tears, often affecting the knees and shoulders.
- Spinal cord injuries, which can lead to chronic pain or long-term disability.
Proving Liability in a Slip-and-Fall Case
To hold a property owner responsible for a snow and ice-related accident, the injured party must prove:
- The property owner had a duty to remove or treat snow and ice.
- The property owner failed to take reasonable steps to remove the hazard.
- The hazardous condition directly caused the slip-and-fall accident.
- The victim suffered measurable injuries as a result.
Additionally, comparative negligence applies in Massachusetts, meaning that if the injured party is found partially at fault (e.g., wearing inappropriate footwear), their compensation may be reduced.
Steps to Take After a Snow and Ice Slip-and-Fall Accident
If you experience a fall due to snow or ice, taking the right steps can strengthen your legal claim:
- Seek medical attention immediately and document your injuries.
- Take photos of the accident scene, including the condition of the walkway or parking lot.
- Get contact information from witnesses who saw the fall.
- Report the incident to the property owner or business manager.
- Consult a personal injury attorney to evaluate your legal options.
Compensation for Slip-and-Fall Victims
Victims of snow and ice-related accidents may be entitled to compensation for:
- Medical expenses, including emergency treatment, surgeries, and rehabilitation.
- Lost wages if the injury prevents them from working.
- Pain and suffering, particularly for long-term or permanent injuries.
- Long-term disability compensation in severe cases.
Contact Kajko, Weisman & Colasanti – Personal Injury Consultation
Property owners have a legal duty to prevent hazardous snow and ice conditions that can lead to serious injuries. If you or a loved one has suffered a slip-and-fall accident due to unsafe winter conditions, you may be entitled to financial compensation. Contact Kajko, Weisman & Colasanti, LLP today for experienced personal injury attorney representation in snow and ice injury claims.
