Unnatural Snow Accumulation and Icy Conditions on Private Property, Sidewalks, Parking Lots, and Roads
Slip, falls and tripping accidents can result in severe and debilitating injuries, especially in the elderly. Victims suffer all sorts of injuries from strains and sprains to fractures and concussions and even spinal cord or brain injuries in severe cases. Wintery conditions alone may not be grounds for suing someone for a slip and fall accident, but when a property owner is found to be negligent, they can be held accountable. The Supreme Judicial Court of Massachusetts passed a new law in 2010 that makes it easier to bring a claim against landowners and business owners for snow and ice slip and fall injury cases:
We now will apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to act as a reasonable person under all of the circumstances including the likelihood of injury to others, the possible seriousness of such injuries, and the burden of reducing or avoiding the risk.
A negligent property owner that exposes someone to dangerous conditions should be the one that has to pay for the medical bills and pain and suffering endured because of his lack of care. Attorney Noonan firmly has been battling insurance companies for years. He knows that the law allows victims to hold property holders accountable for their negligence — even when insurance companies will try to avoid paying on claim — and he will zealously pursue your interests.
Proving Liability For Slip and Fall Accidents Due to Ice and Snow
The duty of reasonable care does not make a property owner an insurer of its property, nor does it impose unreasonable maintenance burdens. “The snow removal reasonably expected of a property owner will depend on the amount of foot traffic to be anticipated on the property, the magnitude of the risk reasonably feared, and the burden and expense of snow and ice removal.”
For the plaintiff to recover damages from a slip and fall on ice and snow, your attorney must establish that the landlord or business owner failed to take reasonable steps to clear the property, stairs, walkway or parking lot of snow and ice. Reasonable measures can including shoveling, plowing and sanding or salting the property depending on the circumstances.
The greater the amount of foot traffic or people walking on the property the greater the duty to clear the property of snow and ice hazards. So different property owners have different duties to clear snow and ice. Where a large retail store that has hundreds of customers walking on its property every week would be required to do regular snow plowing, salting and sanding a landlord of a two-family home might only need to shovel the walkway and driveway once at the end of the storm.
Free Consultation – Experienced Brockton Slip & Fall Accident Attorney
Personal Injury Lawyers Serving Southeast MA including Brockton, Boston, Stoughton, Taunton, Bridgewater
Premises liability laws in Massachusetts hold negligent homeowners, business owners or cities and towns liable injuries sustained from your slip and fall. For three decades The Law Offices of Gerald J. Noonan has been helping clients throughout south eastern Massachusetts secure fair financial compensation for injuries by holding the negligent property owners responsible for the unsafe property conditions they expose the public to.
Gerald J. Noonan is an experienced slip and fall lawyer that has over 3o years of legal and trial experience. Over the course of these three decades attorney Noonan has helped countless slip and fall accident victims receive the financial compensation they deserve.
No matter where you are located, we are just a phone call away. Call the Boston Injury Lawyer now to schedule a free no-obligation case review and consultation at (508) 588-0422 and you will have taken your first step to find out how best to confront this important matter. You can also click here to use our Free Case Evaluation Form.
Our knowledgeable and experienced Greater Boston Accident and Personal Injury lawyers are available to assist clients injured in slip and fall accidents throughout all of Southeast Massachusetts, including but not limited to Plymouth County, Brockton, Plymouth, Bridgewater, Marshfield, Hingham, Duxbury, Wareham, Abington, Rockland, Whitman, Hanson, Holbrook, Middleborough; Norfolk County including Quincy, Stoughton, Dedham, Weymouth, Braintree, Avon, Holbrook, Randolph, Canton, Sharon, Brookline, Franklin; Bristol County including New Bedford, Fall River, Taunton, Attleboro, Mansfield, Easton, Raynham, Lakeville, Norton; Cape Cod, Hyannis, Falmouth, Barnstable and the Greater Boston area including Cambridge, Somerville, Medford, Everett, Lawrence, Lynn, Revere, Dorchester, Roxbury.