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Massachusetts Personal Injury Lawyer Blog

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Slip and Fall Accidents

7/26/2010
Marija Atanasova
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Massachusetts High State Court Changes Rules on Slip And Fall Lawsuits


The Massachusetts high court recently changed the rules on Slip-And-Fall lawsuits linked to winter to benefit people who slip and fall from "natural accumulations" of snow and ice.

Namely, the Supreme Judicial Court dissolved the distinction between natural and unnatural accumulations of snow and ice that has previously guided these types of lawsuits for about 125 years.

The distinction provided a safe haven for property owners who may have faced lawsuits from the slip and fall victims for years, so it is no wonder that Massachusetts property owners may feel some frustration due to the changed law.

"We now abolish the distinction between natural and unnatural accumulations of snow and ice, and apply to all hazards arising from snow and ice the same obligation of reasonable care that a property owner owes to lawful visitors regarding all other hazards," the court said.

The new rules will take effect immediately. Related lawsuits currently pending will also abide by the new rules which stem from a civil action lawsuit by Emanuel Papadopoulos against the Target Corp who fell on a patch of ice in the parking lot in front of a Target store in 2002.

The judge ruling in this case was in favor of Target because the victim fell on ice that was from a natural accumulation. Before the change in rules, it was thought that Massachusetts property owners do not violate the duty of reasonable care by failing to remove natural accumulations of snow and ice.

Due to the new rule, the Supreme Judicial Court has now remanded the Papadopoulos case back to the lower court for reconsideration.

News Sources: The Boston Business Journal, The Boston Globe.


Boston personal injury attorneys specializing in representing the seriously injured and their families against corporations, insurance companies, automakers, physicians and careless individuals. Kiley Law Group has an outstanding record of results obtaining for your family the compensation you deserve. Our Boston personal injury lawyers serve Andover as well as the greater Boston area.
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