Massachusetts Property Owners Now Have Legal Responsibility To Shovel and Treat Snow and Ice

by Rich Vetstein on July 28, 2010 · 38 comments

in Landlord Tenant Law, Massachusetts Real Estate Law, Premises Liability, Safety

Read our latest Frequently Asked Questions on Massachusetts snow removal law (click here)

High Court Overrules 100 Years of Massachusetts Snow Removal Law

Hard to think about snow and ice in July, but I had to blog about an important ruling on Massachusetts snow removal law. In a much anticipated ruling issued this week, the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent and announced a new rule of law that all Massachusetts property owners are legally responsible for the removal of snow and ice from their property. The case is Papadopoulos v. Target Corp. and can be read here.

Reckoning back to the days of the hardy New Englander, the old common law — known as the Massachusetts Rule — was that owners could simply leave naturally accumulated snow and ice untreated and escape liability. Noting that all other supreme courts of New England have now rejected the relic law, the SJC held that all Massachusetts property owners must remove or treat snow and ice like any other dangerous condition on property. Justice Ralph Gants rejected the old rule as it “is not reasonable for a property owner to leave snow or ice on a walkway where it is reasonable to expect that a hardy New England visitor would choose to risk crossing the snow or ice, rather than turn back or attempt an equally or more perilous walk around it.’’

Impact To Massachusetts Property Owners: Shovel Early & Often

What this change in Massachusetts snow removal law means for all property owners, both residential and commercial, is that they need to be extra vigilant after snow and ice storms, and clear areas in which the public and visitors have access–early and often. Whether a property owner takes reasonable steps in removing snow and ice will be determined by juries on a case by case basis. While this ruling is good for public safety, it has the potential to result in more slip and fall cases filed, and possibly additional insurance costs.

Check Your Liability Insurance Coverage

Homeowners should ensure that they have sufficient liability coverage. I recommend that most property owners have at least $1Million in coverage. Important: speak with your insurance agent about increasing the limits of your liability coverage. I recommend Nadine Heaps at Purple Ink Insurance out of Ashland, MA.

What About Sidewalks?

In most urban areas, sidewalks are legally owned by the cities. However, the major cities, including Boston, Lynn, and Worcester, require by local ordinances that owners clear municipal sidewalks in front of their residences or businesses. In Boston, snow removal is required for the full width of the sidewalk or a minimum of 42 inches. In addition, shoveling or plowing snow onto city streets from private property is prohibited.

The cities that own their sidewalks, however, still bear the ultimate responsibility for injuries that occur on those public sidewalks. However, there is usually a cap on damages. Boston has a limit of $5,000 per accident, I believe.

For residential towns without municipal-owned sidewalks, sidewalks remain the property of the abutting owner, and must be cleared by those owners.

“To promote safety, Boston inspectors will be on alert for unshoveled sidewalks this winter, said Lisa Timberlake, spokeswoman for the Inspectional Services Department. Residents have six hours after a snowfall to clear walkways; businesses have three hours. Violations at buildings with fewer than six units are $50.”

Read More: Shoveling Ruling May Face First Test–Boston Globe (12.25.10).

_______________________________________________________________

Richard D. Vetstein, Esq. is an experienced Massachusetts Real Estate Litigation Attorney who has litigated hundreds of cases in the Massachusetts Land and Superior Courts. For further information you can contact him at info@vetsteinlawgroup.com.

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  • Brad blodget

    What about snow and ice on a town or state-owned sidewalk in front of one’s home. I my particular case, the town always send out a sidewalk plow, but they never sand the walk. I don’t believe it is my rersponsibility to sand it? Am I correct?

    BGB

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  • Keith

    What about if its in the tenants lease that they are responsible ?

    • http://www.vetsteinlawgroup.com Rich Vetstein

      Landlord would still be liable to third parties. But there would be fight on indemnification between tenant and landlord.

      • Neil

        I am currently considering signing a lease where the owner has added a line stating that snow removal in front of the building is my responsibility.  Do you mind explaining more about what this means?

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  • Frosty the Snowman

    @Brad blodget — It’s your responsibility to clean the sidewalk in front of your house. I’m not sure what the definition of cleanliness is. I suppose the court will let you know that if you get sued. ; )

    What if you’re on vacation for an extended period of time and the snow accumulates? Is it still “reasonable” to return in two weeks and then clean it up?

    • http://www.vetsteinlawgroup.com Rich Vetstein

      Hey Frosty, good question. I would advise property owners who deal with heavily trafficked areas to hire a snow removal company to ensure that walkways, etc. are cleared soon after fresh snowfall.

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  • Bear

    Regarding liability for a public sidewalk in front of your house, Attorney David White noted that “this ruling does not apply to roads and sidewalks” that are publicly owned. In a footnote by the SJC, for circumstances “not relevant here, for injuries suffered by a plaintiff on a public way, including a sidewalk and roadway,” they cite a 1938 case that ruled that “the owner or occupant of premises abutting on a public way is under no obligation to keep the sidewalk free of snow or ice which came there from natural causes.” This does not mean you can ignore a municipal ordinance that requires you to shovel the public walkways; only that you don’t have the same liability as for your own private properties.

  • Patrick Murphy

    It is still unclear [to me] as to whether a tenent or landlord is responsible for clearing snow/ice from the sidewalk in front of the rented property???

    • http://www.vetsteinlawgroup.com Rich Vetstein

      The landlords will always be ultimately responsible for ensuring safe passage in front of rental property. Even if there’s a lease provision shifting responsibility, a personal injury lawyer will always sue the property owner–the landlord who retains ultimate liability under the Target case. Thus, if there’s a lease provision providing that the tenant is responsible for snow removal, landlords must ensure that the tenant is actually doing that work–if they are not, they need to do it themselves.

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  • 1helluvatym

    As a tenant, who do I call when nothing is done on the property?

    • http://www.vetsteinlawgroup.com Rich Vetstein

      Your landlord. Failing that, city/town inspector. Failing that, go to court.

    • Bla

      Buy your own house then

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  • Scott J Lamagna

    I take pride in cleaning my driveway and sidewalks in front of my house and I’m not 100% sure who owns them or is responsible, my concern is no matter how vigilant I am when clearing snow and ice that conditions change so fast in New England. I hate to get into “what if’s” but sometimes melting snow freezes before I get home from work or maybe I missed a small patch or wind has strewn more snow on the walk ways or some drunk just happens to fall how am I liable for such instances?

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  • 1helluvatym

    As the tenant of 13 years (no lease, no Tenant At Will) and shoveling many a snow storm on my own, nothing was done by the landlord after the last storm. I mentioned it in a nice note that went with the latest rent check that there is now a Mass. Snow Removal Law. The response I received was to please sign the enclosed Tenant At Will, which included me being responsible for the snow removal. Why should I sign something asking me to relinquish my rights under the law, and protect hers? I suspect by not signing the TAW that the family will give me 30 days to move.

  • Larry

    What rules or laws are there against commercial snow removers from plowing snow from a commercial business onto the abutting private property. It is a restaurant with a large paved parking lot that angles downhill to my property. The actual property line is about 6-8 feet the the parking lot edge but the snow piles can get quite large and the snow melt can keep my yard wet for quite some time. Along with the snow is salt and sand. This is the second winter for a new owner and I have spoke to them a few times already. The previous owner was more understanding and had the plow-er push the snow in a different direction.
    In the summer I keep the grass or what’s left of it cut and trimmed. I pick up the leaves in the fall and go about 2-3 feet onto paved surface to pick up leaves. With the snow piles also come the leaves that have accumulated up to thirty feet into the lot. Do I have legal rights in this matter?

  • Dan

    My landlord told myself, and the other tenants that they plow our driveway, both storms they never showed up, we hired someone else to plow, are they responsible?

  • Greg

    I rent a house on a private way that the town has refused to plow. Who is responsible for clearing the road? Would it be the person who owns that land? Thanks

  • kim

    So, the city has a cap of $5,000 but what is the property owners cap? I bet more than $5,000!
    Also, it’s my responsibility to shovel what is technically the city’s property but I can not drink an open container on that same sidewalk, can I?
    Did I miss something?

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  • Vin

    How does a city require a landlord to maintain city property (the sidewalk) or impose a fine if not done? This ordinance seems to be fishy, at best. I’ve heard everything as “it’s the right thing to do” (agreed) to “the sidewalks are easements and you’re responsible” (debatable).

    My thought is that, if the homeowner is responsible for maintenance, then if there were a large crack in the cement, would the landlord also be responsible to hire a contractor to re-cement the walkway?

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  • tony

    how much is the fine or penalty you stand to receive if you did not clean your property clear of snow?

  • Chris

    So, if the town says I own, and am responsible for clearing the sidewalk in front of my house, do I have an actionable claim for trespass against a neighbor who plows an eight foot high pile of snow from his property onto the sidewalk in front of my home?

    • Carol Taylor

      Hi Chris, I have the same problem with my neighbor. Did you ever get an answer/response to this question? If so, please share via email —- caroltaylorrecruits(at)gmail(dot)com. Thanks very much

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  • Wbpfor

     How does effect your neighbor putting their snow in your driveway?

  • Lorne50

    what is the time frame for removing the snow from walkways and sidewalks… i’m on call with a snow removal crew, and usually cant get to my own property until i get out of work, well after the snow has fallen ? is there a window ?

    • http://www.massrealestatelawblog.com Richard Vetstein

      There’s no specific time frame, but I would recommend that you keep property free and clear of snow so it’s not a hazardous condition.

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