Premises Liability
Massachusetts Ice Storms Leave Residents Slipping and Sliding
The winter of 2009 has already beaten the law of averages when it comes to total snowfall. But this year has distinguished itself even more as the winter of ice storms. Those storms have left thousands without power, some for weeks on end. And all of that ice has led to spikes in admissions to emergency rooms around Massachusetts for broken ankles, fractured wrists, hip fractures, and back injuries.
So many people wonder, who can be held responsible if you slip and fall on a patch of ice or snow? Believe it or not, in Massachusetts personal injury cases caused by slips and falls on ice or snow are very difficult cases, and often do not lead to liability.
For one thing, the common law in Massachusetts precludes premises liability for accidents which occur as the result of natural accumulations of ice or snow. This means that if your neighbor fails to shovel or the office downtown leaves some ice after an ice storm, then the landowner is probably not liable. The same is usually true even if the landowner has moved only some of the snow or ice which had naturally accumulated.
The situation changes when snow is moved into piles. Piles which obstruct your passage on sidewalks, walkways, or driveways can be found to be unnatural accumulations. Another uncommon unnatural accumulation is the discharge of water from drain pipes or gutters onto walkways. Other alterations to property which cause water to form ice in channels or puddles may also lead to liability.
Massachusetts also has strict notice requirements after an accident caused by snow or ice. The landowner must be notified within thirty days, or the landowner may have a legal defense of prejudice due to lack of notice.
Massachusetts Appeals Court Defines Victim Rights in Premises Liability Accident, Fall at Home in Sunken Living Room
The Massachusetts Appeals Court has made it clear in a premises liability case that the “open and obvious” defense does not apply to a person falling into a sunken living room. The Suffolk County case arose from an accident at a residence. The plaintiff did not notice that there was a single step from the hallway into the sunken living room. She fell and broke her hip and required surgery and rehabilitation. She claimed that she did not see the step because the floor in the hall and the floor in the living room were both the same, light-colored tile, and the light from the windows and skylight obscured the step.
It is well known that single steps with no warnings, or with no changes in color from level to level, are a common cause of premises liability accidents. Even a cautious person can easily miss a single, but dangerous, step; you just don’t expect a drop from one room to another, and you instinctively rely on visual clues to warn you of dangerous steps.
Back to the case: The defendants argued that the construction of the house, and the condition of the step down to the sunken living room, was open and obvious. They also argued that, as a matter of law, they should receive summary judgment (which means judgment as a matter of law). They were able to persuade the trial judge to grant them summary judgment. But the plaintiffs appealed, and the Appeals Court reversed the trial judge and agreed that the plaintiffs were entitled to receive a jury trial.
The Court visited some familiar principles of premises liability law. Homeowners are required to keep their premises reasonably safe, and they are required to warn of known dangers. They do not have to warn of open and obvious dangers. While the court did not explain in detail its reasoning regarding open and obvious dangers, the general principle that applies is that a homeowner can rely on a visitor exercising care for his own safety when the hazards are blatantly obvious.