Posted on February 2nd, 2010 by John Sheehan
Snow and Ice: Act of God or Hazardous Condition?
How often have we all experienced trudging through banks of trampled, dirty snow and streams of frozen ice walking on a sidewalk in our neighborhood or local downtown shopping area? It’s like walking through an obstacle course!
What if you were elderly? A slip and fall on snow or ice could result in a broken hip or other serious injury.
Under current case law, a property owner in Massachusetts is not legally responsible for injuries caused by slip and fall accidents due to snow or ice on the owner’s property unless the slip and fall was caused by an unnatural accumulation of snow or ice. What is and is not an unnatural accumulation of snow or ice is decided on a case by case basis.
The overwhelming case law in Massachusetts is decidedly against the injury plaintiff. Massachusetts judges regularly dismiss cases under the so-called natural accumulation doctrine.
As reported in Massachusetts Lawyers Weekly, this may all change. In Papadopoulos et al. v. Target Corporation et al., the Massachusetts Supreme Judicial Court is ready to consider whether Massachusetts will continue to apply the natural accumulation doctrine.
If the Court abandons the natural accumulation doctrine, this could be a real game changer. Instead of simply dismissing cases because the snow or ice was not created by snow making equipment, Courts will actually look at the conduct of the property owner. Like any other defective condition causing injury, an accident does not mean that the property owner is automatically negligent. If a property owner fails to maintain his property in a reasonable manner — including keeping the walkways and entrance free from snow and ice — then the property owner should be liable if a person lawfully on the property is injured as a result of the defective condition even if the defective condition is snow or ice.
I’ll let you know what the Supreme Judicial Court decides. Until then, be careful out there trudging through the snowy streets of Massachusetts. Remember, Spring Training is only a few weeks away.
Copyright © 2010 John J. Sheehan
