How Can a Victim of an Icy Sidewalk Slip and Fall Recover Damages?

In Massachusetts, property owners owe a duty of care to those who enter or use their premises, including pedestrians who may be injured by hazardous conditions on abutting sidewalks. When a person slips and falls on an icy or snowy sidewalk and is injured, they have the right to recover damages if it can be shown that the property owner breached their duty of failing to maintain safe conditions. 

The case of Papadapoulos v. Target Corp., decided by the Supreme Judicial Court of Massachusetts in 2010, marked a significant shift in determining the legal responsibilities of property owners. Prior to this decision, Massachusetts law followed the “natural accumulation” rule, under which a property owner could not be held liable for accidents stemming solely from the build-up of ice and snow. 

The Papadapoulos ruling now requires property owners to take reasonable steps, such as salting and shoveling, to ensure that walkways, sidewalks and parking areas are kept safe for public use despite winter precipitation. Owners cannot simply rely on storm warnings or assume that adverse weather absolves them of their responsibility to mitigate hazards. Notably, the court did not adopt the “storm in progress” doctrine applicable in neighboring state like Connecticut, Rhode Island and New York, under which an owner’s duty of care is suspended until a reasonable time after the storm ends.

A slip and fall accident attorney building a case of owner negligence must thoroughly investigate the facts and circumstances and gather evidence to establish these key elements: 

• The property owner had a legal duty to maintain safe conditions on their premises. Evidence might include maintenance logs, weather reports, or testimonies from employees regarding the routine clearing or salting of sidewalks. 
• The property owner breached the duty of care. This can involve showing that the owner failed to act with reasonable care by neglecting to remove ice or snow in a timely fashion, even when they were aware of the dangerous conditions. Detailed records that capture the timeline of events will bolster the victim’s claim.
• There was a causal link between the breach of duty and the accident. Medical records, expert witness testimony, and accident scene photographs can all serve to establish that the hazardous conditions directly contributed to the victim’s injury. 

Finally, the attorney must document the extent of the damages incurred, including medical expenses, lost wages, and pain and suffering.

The firm of Feinberg & Alban, with offices in Boston, Brookline, and Worcester, stands ready to assist slip-and-fall accident victims in attaining the compensation they need and deserve. Call us at 617-232-5950 or contact us online to set up your free initial consultation.