Snow and Ice Accident Lawyer in Massachusetts

Snow and Ice Slip and Fall Law in Massachusetts

Massachusetts property owners, including commercial property owners, residential landlords, and businesses, have a legal duty to remove snow and ice from walkways, parking lots, and other areas where visitors and tenants are expected to travel. The standard of care requires that removal be conducted within a reasonable time after a storm and that steps be taken to prevent reaccumulation from creating fresh hazards. When a property owner fails to maintain safe conditions and a visitor is injured in a snow or ice fall, Attorney Jeffrey C. Lavey pursues full compensation for every Massachusetts snow and ice accident victim.

The Storm-in-Progress Doctrine

One important nuance of Massachusetts snow and ice law is the storm-in-progress doctrine. Under this doctrine, a property owner is generally not liable for snow and ice conditions that form while a storm is actively ongoing, the law does not require property owners to clear surfaces faster than snow falls. However, once the storm ends, the owner has a reasonable time to address the accumulated snow and ice. Property owners who allow dangerous accumulations to persist well after storm activity has concluded may be liable for resulting injuries.

Black Ice and Hidden Hazards

Black ice, a thin, transparent ice layer that is nearly invisible against the pavement surface, is among the most dangerous winter hazards because it provides no visual warning. When a property owner knew or should have known that black ice conditions were present, because of freezing temperatures following a period of snowmelt, for example, the obligation to address those conditions or warn visitors applies even though the ice is not visually obvious. Attorney Lavey pursues black ice cases with attention to the specific conditions that the property owner knew or should have anticipated.

Documenting a Snow and Ice Fall

Documenting the exact conditions at the scene immediately after a snow or ice fall is essential because the hazard can change rapidly, additional snowfall, melting, or plowing can alter the conditions within hours. Photographs taken at the scene, if physically possible after the injury, preserve the most direct evidence. Photographs of the footwear worn at the time of the fall are also important. Witness information and the weather history for the preceding days document the storm timeline. Attorney Lavey advises every snow and ice fall client on evidence preservation immediately upon being retained.

Compensation for Snow and Ice Accident Victims

Snow and ice falls frequently cause serious orthopedic injuries: hip fractures, wrist fractures from bracing, and knee and ankle injuries. These injuries often require surgery and extended rehabilitation. The full compensation available covers all medical expenses, all lost wages during recovery, pain and suffering, and future costs for any lasting limitations. Attorney Lavey pursues the full value of every snow and ice fall injury case.

Frequently Asked Questions