SJC changes snow and ice liability rules

The Massachusetts Supreme Judicial Court in July issued a decision that will change the measures for liability for injuries resulting from slips and falls on snow and ice.

For many years, property owners in Massachusetts could only be found liable for injuries that resulted from an “unnatural” accumulation of snow and ice. Unless the owner created this “unnatural accumulation” in some manner, there was a very good chance the courts would dismiss claims brought by those who slipped or fell on snow or ice. There was no requirement that a property owner remove or treat so-called “natural accumulations.” The only requirement was that the property owner not create an “unnatural accumulation” by diverting water, ice or snow into an area that was otherwise unaffected.

In its decision in the case of Papadopoulos vs. Target, however, the SJC changed the method by which liability for injuries from slips and falls on ice will be measured. The court noted that only in Massachusetts was a property owner not liable for failing to remove a natural accumulation of snow. The court found the existing method of assessing liability only in the presence of an “unnatural” accumulation of snow to be an unwelcome exception from the general standard of “reasonable care” that is applied to all other types of property-related claims.

Going forward, any type of premises injury claim will be measured against a standard of reasonable care. “Reasonable care” is generally defined as that basic level of care which any visitor to a premise should expect to receive from its owner.

It’s important to note that “reasonable care” may differ depending upon the visitor traffic that a property may receive. The “reasonable care” used to keep the entrance to a heavily visited public building free from ice and snow would likely be higher than the level of “reasonable care” necessary for a remote, rarely visited facility.

With winter weather approaching, schools, districts and municipalities are advised to review their snow removal plans to ensure that they are current, thorough, and represent an attempt to provide reasonable care for the use of all facilities.

Michael Cusack is MIIA’s Claims Manager.