Massachusetts snow and ice law changed in your favor
For a long time Massachusetts distinguished between "natural" and "unnatural" accumulations of snow and ice, and property owners escaped liability for anything that fell naturally. The Supreme Judicial Court abolished that distinction in Papadopoulos v. Target Corp. (2010). Owners now owe the same duty of reasonable care for snow and ice that they owe for any other hazard.
That makes timing evidence critical. When did it stop snowing? When was the lot last treated? Is there a service contract, and did the contractor show up? Weather records and vendor invoices frequently decide these cases — and if a snow removal contractor was responsible, they may be liable alongside the owner.
What you actually have to prove
A fall alone is not a case. You generally need to show that a dangerous condition existed, that the owner created it or knew — or reasonably should have known — about it, that they failed to fix or warn about it, and that it caused your injury.
The middle part is where most cases are won or lost. Constructive notice is usually established through evidence about how long the hazard was there: surveillance footage, inspection and cleaning logs, prior complaints, or prior incidents at the same spot.
Hazards we see most often
- Untreated ice on walkways, entrances and parking lots
- Spills and tracked-in water without warning signage
- Broken, uneven or poorly lit stairs and missing handrails
- Loose mats, torn carpet and raised floor transitions
- Unmarked level changes and inadequate lighting in garages and stairwells
- Construction debris and unguarded openings
Move quickly — the evidence is on a timer
Surveillance footage is typically overwritten within days to weeks, and it is the single most valuable piece of evidence in a premises case. Report the fall to the property in writing and get an incident report number, photograph the hazard before it is cleaned up, keep the shoes you were wearing, and get the names of anyone who saw it. Then get a preservation letter out before that footage cycles.
Deadlines matter too. The general personal injury limit is three years, but a fall on city, town or state property triggers the Massachusetts Tort Claims Act, which requires written presentment within two years — and a fall on a public way can carry a notice requirement measured in days.
Frequently asked questions
I slipped on ice. Is the owner responsible for weather?
Possibly. Since Papadopoulos v. Target in 2010, Massachusetts no longer excuses owners for "natural" accumulation. They owe a duty of reasonable care, and the question becomes what they did and how long they had to do it. Weather timing and snow removal records are usually decisive.
There was no warning sign. Does that settle it?
It helps, but the case still turns on notice — whether the owner knew or should have known about the hazard. A spill someone reported an hour earlier is a very different case from one that happened thirty seconds before you walked through.
The store says I should have been watching where I was going.
Expect that argument in every premises case. Massachusetts uses modified comparative negligence, so you can still recover as long as you were not more than 50% at fault, with your award reduced by your share.
I fell on a public sidewalk. Is that different?
Significantly. Claims against a city, town or the state fall under the Massachusetts Tort Claims Act with much shorter notice deadlines, and defects in a public way can carry very short notice requirements and damage caps. Do not wait on these.
What should I do right now?
Report the fall in writing and get an incident report number, photograph the hazard before it is cleaned up, keep your footwear, get witness contact details, and see a doctor. Then contact us quickly so we can demand the surveillance footage before it is overwritten.
