Boston Slip and Fall Accident Lawyers
Massachusetts Slip and Fall Law
The laws in Massachusetts pertaining to premises liability and slip and fall accidents are important to understand to ensure safe conditions are maintained throughout a wide range of business and private properties as well as along roads, sidewalks, and parking lots. Unfortunately, not all property owners uphold their duty of providing a high standard of reasonable care, which far too often causes serious injury.
Law Change for Standard of Reasonable Care
In Papadopoulos v. Target Corp., 457 Mass. 368 (2010), it was established that the old rule in Massachusetts distinguishing liability based on natural and unnatural accumulations of snow and ice would be overruled. Therefore, by abolishing the long-standing separation between "natural" and "unnatural" snow and ice accumulation in slip and fall cases, the new ruling establishes that all property owners are now responsible for acting "as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk" with regard to a property defect or hazard caused by "natural" and/or "unnatural" snow or ice accumulation. In addition, the new ruling for premises liability standard of reasonable care for falling accidents and other incidents caused by snow and ice accumulation applies retroactively based on the Court's decision.
Massachusetts Snow and Ice Regulations
As one can imagine based on the information provided above, a property owner has many important duties to uphold, some of which include following the Code of Massachusetts Regulations:
- 105 CMR 410.452: Safe Condition: Responsibility for clearing walk and stairs (Landlord-Tenant)
- 310 CMR 22.21(2): Regulating the storage of chemicals used for the removal of snow or ice
- 780 CMR 1001.3.1: Maintenance of Exterior Stairs and Fire Escapes. All exterior stairways and fire escapes shall be kept free of snow and ice
Personal Injury from Defective Ways
Slip and fall accidents can result in a wide range of injuries, from sprains and torn ligaments to broken bones, spinal cord injuries, and traumatic brain injuries. According to Section 15 of Chapter 84 Repair of Ways and Bridges under Title XIV of Public Ways and Works, divisions of a county, city, or town, or another person or entity, in charge of maintaining the safe conditions of a property may be held liable for an individual's bodily injury or damage to his or her property. The condition for such liability relates to whether such injury or damage may have been prevented if the defect, want of repair, or want of railing, may have been fixed through reasonable care and diligence. Accident liability can also be sought if the responsible entity had reasonable notice of the defect, want of repair, or want of adequate railing.
Notice of Injury Time Limitations
Although handling legal matters relating to a slip and fall accident may be the last thing an injured person wants to deal with, it is important for a person injured in an accident to inform the county, city, or town of injury or damage from snow or ice on a public way within 30 days of the incident, as stated in Section 18 Notice of Injury; Contents; Limitation of Action of Chapter 84 Repair of Ways and Bridges under Title XIV Public Ways and Works. In addition, under Section 21 of the same aforementioned law Title, an individual must provide notice to the owner of private property of injury or damage from snow or ice on their premises within 30 days of the incident.
Protecting Your Legal Rights
Proving fault in a slip and fall accident is not as easy as it seems. If you are injured in a slip/trip and fall accident, take pictures (because conditions change) and make sure to get the names of witnesses as well as their contact information. To ensure success in your injury claim, the Boston premises liability lawyers at the Kiley Law Group will work diligently and swiftly in building a strong case on your behalf. Tom Kiley, The Million Dollar Man, has years of experience in accident litigation and has a successful track record of winning extraordinary results.
For over 30 years, the Kiley Law Group has assisted individuals and families in obtaining compensation from negligent parties. We make helping our clients get the financial and emotional support they deserve our top priority. Call us today at (888) 208-1695 for a FREE legal consultation and to find out more about how we can protect your legal rights.
