Snow or Ice Slip and Fall
Winters in New England are notorious for often being brutal. With snow and ice covering the ground for much of the winter season, walking outside can often prove treacherous. With so many people living in Massachusetts, slip and falls are bound to happen during New England's hard winters. If you have been inured from slipping and falling on snow or ice, you know how serious the injuries can be. Medical costs from your injuries can create a strain on your budget. If you have been injured by a slip and fall incident involving snow or ice, you need an attorney that can help you get what you are owed to pay your medical bills and other damages.
A recent retroactive law change in Massachusetts has made it possible for individuals who have been injured by slipping on ice or snow to recover compensation for their injuries.
The Massachusetts Supreme Judicial Court removed the distinction of natural versus unnatural accumulation of snow and ice in the case Papadopoulos vs. Target Corporation. Now, a defendant can be held liable for your injuries if his conduct was unreasonable, even if the snow or ice was in its natural condition when you fell on it. Before the SJC changed the law, a plaintiff had the burden of proving that when she slipped, the snow or ice was in an unnatural state. Basically, this means that the law previously required that a plaintiff prove that someone had moved or tampered with the snow, or piled it up in some unnatural way.
Now that the SJC has changed the law regarding snow or ice slip and falls, courts in Massachusetts will treat slips and falls on snow and ice in natural conditions like any other premises hazard--a property owner has a duty to act as a reasonable person when considering the likelihood of injury to others and the probable seriousness of such injuries. If it seems likely that an injury, especially a serious injury, could occur on their property, a property owner has the burden of reducing or avoiding the risk, even when the risk occurs due to snow or ice in natural conditions.
Under this new standard a jury will "consider whether snow and ice removal efforts are reasonable in light of the expense they impose on the land owner and the probability and seriousness of the foreseeable harm to others".
If you have been injured by slipping and falling on snow or ice, you need a Massachusetts attorney who can help you get what you deserve. Massachusetts snow or ice slip and fall Attorney Capetta is dedicated to his clients and works hard to ensure that they get what they are owed for their injuries. Attorney Cappetta offers all potential clients a free consultation that allows them to ask questions and discuss their situation. Attorney Cappetta also works hard to ensure that he is always available to his clients and responds promptly to their questions and concerns. Contact Attorney Cappetta today if you have been injured by slipping and falling on snow or ice.