Snow, Ice, Falls, Fractures and the Law
Attorney
(866) 735-1102 Ext 540
There are been many media reports this week regarding the increased number of fall related injuries due to the actions of the weather gods. As the fractures increase in number, so do the calls to our office with questions about the law as relates to these incidents.
Many state courts, including our state of Massachusetts have narrowed the circumstances in which someone may recover for a snow and ice related fall. Each case will turn on whether or not the injury occured as the result of an "unnatural" or a "natural" condition. If the fall occurred as the result of a natural weather related condition, there is no recovery. However, if the fall occurred as the result of an "unnatural" condition, there may be a recovery for negligence. For example; it snows, the snow melts, and ice forms. That is a natural occurrence. However, a commercial property owner shovels his walkway and leaves an unsalted sheet of ice... an unnatural condition created as the result of alleged negligence. Also, a homeowner knows that a gutter with a hole in it leaks water onto a walkway resulting in a sheet of ice. That may be an unnatural condition. The individual facts of each case must be assessed and awareness of what occurred and pictures of the condition are often essential. In these types of cases, evidence disappears and the cases often become impossible to prove.
The law as to other fall cases, that are not snow and ice related, is well established. Every property owner owes a duty of due care to those lawfully on their property. Say, for example, you slip on laundry detergent in the Stop & Shop and hit your head (I have had a few of these). The length of time the detergent was there and the proximity of employees to the detergent are important. If it had just fallen; maybe no liability. If it was there for a few minutes and employees took their time cleaning the substance; maybe liability.
When people fall, their first reaction is usually embarrassment. That is until they realize they have fractured a hip or shattered an elbow. These injuries are often very serious. Enjoy our New England winter and BE CAREFUL!