Massachusetts Statewide Rule
Massachusetts Snow Removal and Premises Liability Duties
Key Facts
- Standard
- Reasonable care
- Case
- Papadopoulos v. Target (2010)
- Statute
- M.G.L. c. 84
- Local
- Cities set clearing times
Summary
Following Papadopoulos v. Target (2010), Massachusetts property owners owe a duty of reasonable care to remove snow and ice. Municipalities may set sidewalk clearing rules.
Cities by ordinance and towns by by-laws may provide for the removal of snow and ice from sidewalks within such portions of the city or town as they consider expedient by the owner or occupant of land abutting upon such sidewalks. Such ordinances and by-laws shall determine the time and manner of removal and shall affix penalties, not exceeding fifty dollars in the case of a city or ten dollars in the case of a town, for each violation thereof.
Full Breakdown
The 2010 Supreme Judicial Court decision in Papadopoulos v. Target Corporation eliminated the natural accumulation rule, holding all property owners to a reasonable care standard for snow and ice. M.G.L. Chapter 84 governs municipal liability for public ways. Cities and towns may enact ordinances requiring abutters to clear sidewalks within set hours after storms. Failure to clear creates premises liability for slip-and-fall injuries.
Violations & Penalties
Municipal fines vary $50-$300 per offense; civil liability for slip-and-fall injuries; potential lien on property for repeat violations.
Frequently Asked Questions
Are Massachusetts property owners liable for slip-and-falls on snow?
Must I clear the sidewalk in front of my Massachusetts home?
Sources
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