Winter brings a multitude of unfortunate spills and falls as snow and ice cover the streets and walkways of homes and businesses. Store entryways are particularly dangerous as shoppers track in snow, which quickly melts into slippery puddles. Emergency rooms fill with people suffering from broken arms, legs and hips after each winter storm.
"Premises liability" is that area of personal injury law which applies liability from slip and fall accidents to owners and occupiers of residential and commercial properties. Injuries can be a result of a break in a sidewalk, an unstable railing, a discarded banana peel, spilled milk or any number of other causes. For a good portion of each year, the weather creates hazards that require special rules.
Laws in the state of Massachusetts used to make a distinction between natural and unnatural accumulations of snow. In 2010, the Massachusetts Supreme Judicial Court discarded that distinction and now requires that all property owners and occupiers must be reasonably careful in making their properties safe for all legal visitors whether the dangerous situation was created naturally (e.g., falling or melting snow) or unnaturally (e.g., snowplow or shovel).
State law requires that if you are injured due to snow or ice on a public or private property, you must give the owner notice of your injury within thirty days. Additionally, cities and towns within Massachusetts are allowed, by state statute, to create their own rules and regulations regarding snow removal within their city limits. These ordinances or bylaws may have additional requirements or higher standards of care so, if you are a land owner or a tenant, you need to be sure to know the rules in your particular area.
Whether you have suffered from a fall in the winter or from one in the middle of a beautiful summer day, if the owner or occupier of the property upon which you became injured created or allowed a situation to exist that contributed to your injury, you may be able to hold that owner or occupier liable for your injuries.
No matter what the source of your injury, it is important to contact a knowledgeable personal injury attorney right away in order to establish your right to recovery and to determine who is responsible for your accident.
