Who’s At Fault for a Fall on an Icy Sidewalk?

Every Massachusetts winter brings the same weather hazards – snowstorms, freeze-thaw cycles, black ice, and sidewalks that are nearly impossible to navigate. Slip-and-fall accidents on icy sidewalks are commonly reported as the temperatures drop, but whose responsibility are those accidents? Before you can demand compensation for an injury caused by someone else’s poorly maintained sidewalk, you have to know who is legally responsible.

That’s where our team steps in to help. At the Law Offices of Gerald J. Noonan, we advocate for victims left injured by someone else’s negligence. Call us today to schedule a time to meet with our team of slip-and-fall attorneys.

Massachusetts’ “reasonable care” standard

For public sidewalks, abutting owners are generally not liable for ordinary sidewalk hazards unless they created or contributed to the dangerous condition (for example, drainage/runoff creating ice). These claims are often governed by Massachusetts’ ‘defective way’ statute, which imposes strict notice deadlines and caps on damages. This relates specifically to snow removal, ice removal, and drain spouts that cause ice buildup. What does this mean for victims? It means that they may be able to seek compensation from a property owner if they were negligent in their snow and ice removal. In some circumstances, liability may also arise from failing to address a known ice hazard when it would have been reasonable to do so. This rule applies primarily to public sidewalks; different standards may apply to privately owned walkways, entrances, or other areas under a property owner’s direct control.

When property owners and homeowners are responsible

Imagine, for example, a homeowner who has their drain spout aimed directly at the sidewalk. This creates a slick icy patch that no pedestrian could reasonably avoid, resulting in someone breaking their ankle. Similarly, consider someone who fails to keep up with ice and snow removal in front of their business. Someone walking in front of their business slips, not expecting the sudden ice accumulation after walking on other businesses’ well-maintained walkways. In all of these cases, the property owner may have been negligent. Whether failing to clear ice is negligent depends on factors like notice, weather conditions, and how much time the owner had to respond.

Note that property owners don’t actually own sidewalks. Municipal ordinances may require abutters to remove snow/ice (often enforced by fines), but civil liability to an injured pedestrian usually requires proof the abutter created/caused the hazard.

That doesn’t mean that all slips on sidewalks are the result of owner negligence. A number of factors come into play:

• How long the ice was present: If ice forms overnight and a business doesn’t open until 8:00 in the morning, they’re unlikely to be liable if someone slips and falls at 2:00 A.M. However, if that same ice continues to endanger pedestrians well into the afternoon, that shows that the owner had time to address it but did not do so.
• If the owner knew or should have known about the hazard: Owners can’t predict every icy patch, but they should be aware of weather conditions around their home or business and take reasonable steps to plan for dangerous weather.
• If the owner took reasonable steps to fix the problem: Reasonable steps include shoveling, applying road salt, and applying de-icer to the affected areas. Responsible property owners may also put up signs warning pedestrians of icy patches.
• Local laws: Massachusetts largely leaves laws regarding snow removal up to local municipalities. The laws in your area may vary.

What qualifies as a reasonable response depends on the specific circumstances, including timing, severity of conditions, and available opportunity to act.

When landlords may be at fault

For residential dwellings governed by the State Sanitary Code, owners generally must keep means of egress free of snow/ice, except where there’s an independent means of egress under a tenant’s exclusive control and a written letting agreement assigns that duty.

When municipalities may be liable

Claims involving public sidewalks are subject to strict notice and filing rules and limits on damages, and in these situations, it’s important to talk to an attorney. Waiting too long or failing to take the right steps may mean losing your chance to make a claim.

When an individual may be at fault

Shared liability is a possibility in these cases. Even in these cases, a victim can still recover compensation if they are 50% or less at fault, and any recovery may be reduced based on the victim’s share of fault. Situations that may make a victim partially liable include:

• Walking in weather-inappropriate footwear
• Walking while distracted
• Ignoring visibly slick areas or intentionally aiming for them (for example, teenagers roughhousing and sliding around on ice)
• Walking while too impaired to navigate sidewalks safely

This is why we recommend that victims fully document the scene of a fall before leaving it. It’s crucial to show that the environment itself was dangerous, not your response to it.

Natural vs. unnatural accumulation of snow and ice

One topic that is widely misunderstood in Massachusetts is the idea of a “natural accumulation rule.” It’s true that Massachusetts used to have a rule protecting property owners from liability if someone was injured by the natural accumulation of snow and ice. This protected them from legal exposure if they did not interfere with the snow or ice. However, this changed in 2010, when the Supreme Judicial Court of Massachusetts decided that property owners must take steps to clear snow and ice, just as they would any other naturally occurring hazards. The court did not require immediate or perfect snow removal, but instead applied a general ‘reasonable care’ standard based on the circumstances.

If you’ve been injured on an icy sidewalk, you have legal options. What you do immediately after a fall makes a big difference in your case. We recommend taking pictures, documenting weather data, getting contact information from eyewitnesses, and seeking medical care right away. From there, it’s time to talk to a slip-and-fall lawyer about your next steps.

Start your case with the Law Offices of Gerald J. Noonan

Ready to start your personal injury claim? Let’s talk more about your legal options and how to proceed. Fill out our online contact form or call us today to get started.