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Frequently Asked Questions

Can I File A Personal Injury Claim For Falling on Snow or Ice?

In Massachusetts, you can bring a claim for your bodily injuries if you were injured by falling on snow or ice on another’s property regardless of whether it was a “natural” or “unnatural” condition which led to your injury. Property owners owe you a duty of reasonable care in maintaining their premises to prevent possible injuries. You will need to prove that the actions of the defendant were unreasonable, given the circumstances, and their act or omission led to your injury. Get in touch with our experienced Boston snow and ice injury lawyers today at 617-787-3700 or email us at info@gilhoylaw.com for a free consultation at a location of your choice to discuss the merits of your claim.

What is the Current Massachusetts Law?

Papadopolous v. Target Corp., 457 Mass. 368 (2010), is the most current case law on the topic of property owner liability for snow and ice accidents. The case overruled the old requirement, which distinguished liability based upon “natural” and “unnatural” accumulations of snow and ice. The Massachusetts Supreme Judicial Court decided that the obligation that a property owner owes to lawful visitors regarding hazardous property conditions extends to dangerous situations arising from snow and ice. This means a duty to “act as a reasonable person under all of the circumstances, including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk.” This standard of reasonable care has a retroactive application to injuries from slips and falls due to accumulations of snow and ice.

Who Can Be Liable?

The property owner, or anyone else in control of the premises, must use reasonable care at all times to prevent dangerous conditions as a result of snow and ice. This includes homeowners, business owners, shopkeepers, private companies, municipalities, and sometimes even property managers. In the absence of due care, the property owner may be liable for personal injuries sustained in all types of snow accumulations, including natural and unnatural conditions. The liability of the defendant property owner is not negated by actions of a third party. If a third party moves snow and ice on the property, the property owner still has a duty to be aware of these changes and may be liable for injuries as a result of them. Companies who are retained to provide snow and ice removal and treatment have liabilities, as well, in cases of inadequate performance.

When Should I Notify the Property Owner Of My Accident?

Under Massachusetts law, the property owner must be notified of the accident within 30 days. If timely notice is not sent, your right to bring a claim may be affected.

Do I Really Need An Attorney?

Yes!

Don’t make the mistake of representing yourself for your snow and ice personal injury. The retention of a trained and qualified attorney is crucial in securing the just and fair monetary compensation that you deserve for your injuries. Your legal rights need to be protected after a fall on snow or ice. You should consult right away with a member of our highly skilled team of Boston, MA premises liability lawyers. Our Boston snow and ice accident lawyers understand the requirements of Massachusetts law and how to prove responsibility of the property owner for your injuries. We are available to you 24 hours a day, 7 days a week, and will work hard to achieve optimal results for you while keeping your best interests at heart. Call the Law Offices of Gilbert R. Hoy, Jr. and Affiliates today at 617-787-3700 or send us an email at info@gilhoylaw.com. Schedule an appointment to meet with one of our snow and ice accident lawyers today.

Our Boston Snow and Ice Accident Lawyer Experts Are Here To Assist You 24 Hours a Day, 7 Days a Week. You Can Reach Our Massachusetts Snow and Ice Slip and Fall Attorney Specialists Now at 617-787-3700.