Massachusetts Injury Attorneys in
Boston, Hyde Park and Franklin
Boston, Hyde Park and Franklin
For several years, the long-standing
legal standard in Massachusetts was that a landowner was not responsible for
any accidents which resulted due to his failure to remove a natural
accumulation of snow and ice.
This standard was essentially an exception to the general rule of premises liability (holding a property owner to the duty of using reasonable care to maintain the property in a safe condition) and was essentially recognition of the difficult and unpredictable weather conditions that all too frequently exists in Massachusetts.
This standard was essentially an exception to the general rule of premises liability (holding a property owner to the duty of using reasonable care to maintain the property in a safe condition) and was essentially recognition of the difficult and unpredictable weather conditions that all too frequently exists in Massachusetts.
New Legal Standard
On August 2, 2010 the Supreme
Judicial Court decided the case of Papadopoulos
v. Target Corp. In joining with the majority of courts in other states, the
SJC concluded that the injured party is no longer required to prove that the
accident was the result of an unnatural accumulation in order to prevail.
Following this decision, the determination of whether the land owner will be liable for the accident now depends on the particular facts of the case, such as the amount of foot traffic expected on the property, the extent of the reasonably foreseen risk and the cost and burden of removing the ice or snow.
Essentially, the standard will be similar to that of all other types of slip and fall cases: the landowner has a duty to act as a reasonable person under all of the circumstances.
Following this decision, the determination of whether the land owner will be liable for the accident now depends on the particular facts of the case, such as the amount of foot traffic expected on the property, the extent of the reasonably foreseen risk and the cost and burden of removing the ice or snow.
Essentially, the standard will be similar to that of all other types of slip and fall cases: the landowner has a duty to act as a reasonable person under all of the circumstances.
Seek A Massachusetts Slip and Fall Attorney
Proving Lesser Burden on Injured Party
Proving Lesser Burden on Injured Party
The result of this new legal standard is that property
owners should be even more diligent than before in taking all reasonable
measures to remove snow and to keep all walkways free of ice. Conversely,
individuals who have been injured due to a fall on an icy surface now have a
much better chance of prevailing on their cases and in collecting damages for
their injuries.
If you have been injured from a fall
on snow or ice, contact an experienced Massachusettsslip and fall personal injury attorney at Yellin & Hyman, P.C. who can advise you as to whether the owner
of the property on which you fell may be legally liable for your injuries.
At Yellin & Hyman, P.C., we are dedicated to obtaining everything
that our clients are entitled to receive for the injuries they have suffered as
a result of an accident. With offices conveniently located in Franklin and Hyde
Park, Yellin & Hyman, PC is readily available to assist you with your most
urgent and pressing legal needs.
Contact A Massachusetts Ice and Snow
Accident Attorney For A Free Consultation Today
Accident Attorney For A Free Consultation Today
For more information or to schedule
a free initial consultation with an experienced lawyer, please contact Yellin & Hyman, P.C. today.
- Make sure that you are fully compensated for your injuries. Call our Franklin office at 508-528-8885 or our Hyde Park office at 617-361-5310. You can also e-mail us to learn more about our Massachsetts Personal Injury legal services.
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