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Snow Removal In Massachusetts - Owners' Reasonable Care
Snow Removal In Massachusetts - Owners' Reasonable Care
“Reasonable Care” now appears to be the requirement in MA.
Massachusetts property owners have a what lawyers call "a duty" or responsibility to use “reasonable care” for the protection of visitors. That would appear to make homeowners responsible for the removal of snow and ice from their property. That means for visitors, delivery people, family, friends, etc., need to be able to access and passages after the owner has used "reasonable care" to clear them.
There was a court case that appears to have changed the way courts see snow removal in 2010. I'm not a lawyer, but it has been reported that prior to the SJC ruling in Papadopoulos v. Target Corp in July 2010, property owners would only be held liable for injuries resulting from “unnatural accumulation” of snow. So, if an owner chose not to clear snow and ice from the sidewalk or parking lot, that choice was used as a valid defense that the injury was caused by nature, which is to say by a natural accumulation of snow and ice, rather than by the negligence of the owner.
The Papadopoulos case seems to have changed the old rule so that the duty of property owners ... more

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