Slipped on Snow or Ice in Massachusetts? Property Owners’ Duty After Papadopoulos
Every winter, falls on icy walkways, parking lots and stairs send people across the North Shore to the emergency room. Many assume nothing can be done because “it was just the weather.” Massachusetts law says otherwise.
The Old Rule Is Gone
For decades, Massachusetts followed a rule that property owners were not liable for injuries caused by a “natural accumulation” of snow and ice. In Papadopoulos v. Target Corp., 457 Mass. 368 (2010), the Supreme Judicial Court abolished that distinction. Property owners now owe the same duty of reasonable care for snow and ice that they owe for any other hazard on their property.
What “Reasonable Care” Means
The law does not require a property owner to keep every surface bare during a storm. The question is whether the owner acted reasonably given the circumstances, including:
- How long the snow or ice had been there
- Whether the owner shoveled, plowed, salted or sanded, and how often
- Whether there were known problem areas, such as a gutter dripping onto a walkway that refreezes overnight
- The type of property: a busy store or apartment complex may be expected to do more than a private homeowner
Who Can Be Responsible
Depending on the property, responsibility may fall on the owner, a landlord, a condominium association, a commercial tenant or a snow-removal contractor. Contracts between these parties often decide who was supposed to clear a given area, so identifying the right defendant matters.
Notice Requirements Can Apply
Massachusetts law can require written notice to the property owner within a short period after a fall caused by snow or ice, and claims against cities and towns have their own notice rules. Do not wait to get advice.
Evidence to Gather Right Away
- Photograph the exact spot, including any ice, lack of salt or sand, and downspouts or drainage problems, before conditions change.
- Note the date, time and recent weather.
- Report the fall to the property manager or store and request a copy of the incident report.
- Keep the shoes you were wearing.
- Get names of witnesses and anyone who helped you.
Our snow and ice fall evidence guide has a full checklist. To talk about your fall, call Muggeo & Associates at 978-741-1177 or visit our slip-and-fall page.
This article provides general information only and is not legal advice. Laws change and outcomes depend on the facts of each case.