I slipped on ice or snow. Do I have a case in Massachusetts?

You may. Since 2010, Massachusetts property owners have had to take reasonable steps to clear snow and ice from areas people use, whether it fell naturally or not. If an owner left a walkway, parking lot, or entrance icy for too long and you fell, you may have a claim.

The rule changed in 2010

For years, owners in Massachusetts could avoid responsibility by arguing the ice was a "natural accumulation." In 2010, in Papadopoulos v. Target Corp., the state's highest court ended that defense. Today, snow and ice are treated like any other hazard: stores, apartment buildings, and businesses must use reasonable care to keep the areas people walk on safe.

What "reasonable" means

An owner doesn't have to keep every inch of pavement bare in the middle of a storm. The questions are practical:

• How long after the storm ended did you fall?
• Did anyone plow, shovel, salt, or sand the area?
• Did melted snow refreeze because of a leaking gutter, a downspout, or poor drainage?
• Did a snow removal contractor skip the property or do half the job?

Some of the most common cases involve black ice from a dripping gutter, or a plow pile that melts during the day and refreezes across a walkway at night.

Public sidewalks follow different rules

Falls on city or town sidewalks and streets are handled differently. Written notice is often due within 30 days, damages are capped, and snow or ice alone usually isn't enough to hold a city or town responsible. See how long do I have to file a slip and fall claim?

What to do

1. Take photos of the ice, the area around it, and anything that caused it, like a gutter or a plow pile.
2. Note the date, time, and whether you saw any salt or sand.
3. Report the fall to the owner or manager and ask for a copy of the incident report.
4. Get the names and phone numbers of anyone who saw you fall or helped you.
5. See a doctor, even if you think it's just a bruise. Read do I need to see a doctor?
6. Keep the shoes or boots you were wearing.

What if I was partly at fault?

Wearing sneakers instead of boots, or looking at your phone, doesn't automatically end your claim. Massachusetts uses comparative fault, so your recovery can be reduced but not erased, as long as you were not more at fault than the owner. Learn more in what if the accident was partly my fault?

Get a Free Consultation

Hurt in a fall on ice or snow in Western Massachusetts? Ice melts and evidence disappears fast. Call Attorney Daniel A. Pava at 413-781-8700 for a free review. More on our Springfield slip and fall lawyer page.

Phone: (413) 781-8700
Email: daniel@pavalaw.com
Office: 1380 Main St, Suite 301, Springfield, MA 01103