Massachusetts Snow and Ice Slip and Fall Lawyer

Every winter, people across the North Shore are seriously hurt on icy walkways, unsalted steps, refrozen parking lots, and uncleared exterior stairs. Massachusetts law requires property owners and those in control of property to use reasonable care to deal with snow and ice. Muggeo & Associates represents people injured in snow and ice falls at businesses, apartment buildings, condominiums, and private homes.

The Law After Papadopoulos v. Target

Before 2010, Massachusetts owners were generally not liable for “natural accumulations” of snow and ice. In Papadopoulos v. Target Corp., 457 Mass. 368 (2010), the Supreme Judicial Court abolished that rule. Owners and those who control property now owe the same duty of reasonable care for snow and ice as for any other dangerous condition. The question is whether they took reasonable steps, such as plowing, shoveling, salting, sanding, and warning, within a reasonable time.

Common Snow and Ice Hazards

Unsalted or untreated walkways and entrances
Exterior stairs and fire escapes not kept clear
Black ice from melt and refreeze, often from plowed snow piles or roof runoff
Parking lots plowed but not treated
Gutters and downspouts discharging water across walkways
Icy ramps, loading docks, and train or bus platforms on private property
Rental property common areas a landlord failed to maintain

The 30-Day Notice Requirement

Massachusetts law requires a person injured by snow or ice to give written notice within 30 days, stating the name and address of the injured person and the time, place, and cause of the injury (G.L. c. 84, §§ 18 to 21). For private property, failure to give notice is a defense only if the owner proves it was prejudiced, but timely notice removes the argument entirely. Use our 30-Day Notice Checklist for Falls.

Public Sidewalks and Streets

Under G.L. c. 84, § 17, a city or town is generally not liable for injuries caused by snow or ice on a public way if the way was otherwise reasonably safe for travel. Many towns require abutting owners to clear sidewalks, and a business or owner whose own conduct created the ice, for example by piling snow that melted across the sidewalk, may be responsible. Falls caused by a separate defect, such as a pothole hidden under snow, may also support a claim. See Sidewalk, Pothole and Public Way Defects.

Landlords, Condominiums, and Contractors

Landlords must keep common walkways, steps, and exterior stairs reasonably safe. The State Sanitary Code and building code also address snow and ice on exits and stairways.
Condominium associations typically control common areas and the snow-removal contract.
Snow-removal contractors may be liable for negligent plowing or failing to treat ice they were hired to treat.
Commercial tenants may have taken on snow duties in their lease.

Evidence That Wins Snow and Ice Cases

Photos of the exact spot, the ice, and the absence of salt or sand
Weather records for the days before the fall
Snow-removal contracts, invoices, and logs
Surveillance video, which is often erased within days
Incident reports and witness statements
Your footwear and medical records describing how the fall happened

Our Snow and Ice Fall Evidence Guide walks through each item.

We represent injured people across the North Shore, including Salem, Peabody, Beverly, Lynn, Marblehead, Swampscott, Danvers, Gloucester, Newburyport, Lynnfield, and communities throughout the North Shore, as well as clients in New Hampshire and Florida.

Frequently Asked Questions

Is a property owner responsible for snow and ice in Massachusetts?

Yes, when the owner fails to use reasonable care. Since Papadopoulos v. Target Corp., 457 Mass. 368 (2010), owners and those in control of property owe the same duty of reasonable care for snow and ice as for any other hazard. There is no longer a “natural accumulation” exception.

Do I have to give notice after slipping on ice?

Generally yes. Massachusetts law requires written notice within 30 days of an injury caused by snow or ice, stating the time, place, and cause of the injury. For snow and ice on private property, failing to give notice is a defense only if the owner proves it was prejudiced, but sending notice promptly avoids the issue.

Can I sue the city if I slipped on an icy sidewalk?

It is difficult. Under G.L. c. 84, § 17, a city or town is not liable for injuries caused by snow or ice on a public way if the way was otherwise reasonably safe. A claim may still exist against an abutting business or property owner, or if a separate defect contributed to the fall.

What if it was still snowing when I fell?

The owner must act reasonably under the circumstances, which may allow time to clear snow during an active storm. Whether the owner acted reasonably depends on timing, the property type, and what precautions such as salting, sanding, or warnings were used.

Can a tenant sue a landlord for an ice fall?

Often yes, in negligence. Landlords must keep common walkways and exterior stairs reasonably safe. The Supreme Judicial Court held in Goreham v. Martins, 485 Mass. 54 (2020), that personal injury damages are not recoverable on a warranty of habitability theory for snow and ice, so these claims are usually brought in negligence.

Can the snow removal contractor be responsible?

Yes. Plowing and shoveling contractors may be liable if their work was negligent, for example by plowing snow into piles that melt and refreeze across a walkway, or by failing to treat ice they were hired to treat.

Talk With a Massachusetts Premises Liability Attorney

If you were hurt in a snow or ice fall, call Muggeo & Associates at (978) 741-1177 or request a consultation online. We answer calls 24/7 and can also be reached at jared@ljmassoc.com. Our office is at 133 Washington Street, Salem, Massachusetts. Some deadlines in these cases are as short as 30 days, so contact us promptly.

This page provides general information, not legal advice. Laws change and every situation is different. Contacting the firm does not create an attorney-client relationship. Prior results do not guarantee future outcomes. Last reviewed November 2026.

Call or Text (978) 741-1177 to Schedule Your Consultation