Massachusetts Personal Injury Library
Slip and Fall Accidents in Massachusetts – Who Is Liable?
There are millions of slip-and-fall accidents in the United States every year, many leading to serious injury such as head trauma, broken limbs or neck and back injuries. While slip-and-fall accidents can occur at any time, with the ice and snow still covering most of Massachusetts, we can expect to see an increase in slip-and-fall-related injuries.
Slip and Fall Law in Massachusetts
Up till last summer, the Commonwealth followed the “natural accumulation rule” which protected property owners from being held liable for injuries to people slipping and falling on untouched snow and ice.
Massachusetts residents basically did not have the legal basis for filing a slip-and-fall lawsuit against the property owners for not clearing the "natural accumulations" on their property.
Changes in Massachusetts Slip and Fall Law
However, the law was changed in July 2010 to benefit victims of slip and fall accidents caused by snow or ice, following the now-famous Papadopoulos v. Target Corporation case in which the Court held Target Corporation responsible for Mr. Papadopoulos’ injuries. Mr. Papadopoulos suffered injuries after he fell in an icy parking lot in front of Target in 2002.
Under the new law, victims of similar slip and fall incidents can hold the property owner liable for their injuries caused by not removing untouched snow and ice on sidewalks, parking lots, entrances, and so on.
What this means in legal terms is that the change of the natural accumulations law now benefits the plaintiff by shifting the burden of reasonable care to the defendant (the property owner). Plaintiffs no longer have to prove that the snow and ice they slipped on was actually altered to successfully pursue a slip-and-fall claim, since property owners are responsible for removing the natural accumulations, as they would any other hazardous substance.
If You Have Been Injured in a Slip-And-Fall
If you have questions about how the new standard applies to your situation, contact an experienced Boston slip and fall accident lawyer. We have a 30-year experience in successfully representing clients in slip and fall accidents, brain injury cases, motor vehicle accidents and other personal injury cases.
Call our toll-free number to schedule a Free legal consultation, or send us a confidential message.
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