Thursday, January 13, 2011

What Massachusetts Property Owners Need to Know About Snow Removal



In light of the yesterday's " 2011 Blizzard" massive snow accumulation thought it important to clarify a property owners responsibility for snow removal. A new law took effect in July 2010, when the Supreme Judicial Court ruled in the case of Papadopoulos v. Target Corporation.

The ruling means property owners now must take reasonable care to remove all snow accumulation from their property and keep accessible areas safe to travel. Previously, Massachusetts property owners enjoyed a special exemption from liability for "natural accumulations" of snow and ice. An injured person had to demonstrate the accumulation was "unnatural," such as a snow pile created by a plow.

The ruling means snow removal is now a requirement. If a property owner fails to use reasonable care in clearing snow and ice from their property and someone is injured as a result, the property owner can be held liable. Subsequently, shovel early and often.” Additionally some cities and towns have adopted their own policies in regards to snow removal. Such as in the city of Boston , snow removal is required for the full width of the sidewalk or a minimum width of 42 inches. Throwing snow in Boston city streets is strictly prohibited. Boston residents have 6 hours after snowfall to remove snow & ice. Business owners have 3 hours to remove snow & ice, regardless if the snow and ice are caused by nature or from a city plow.

Check with your city or town to see what the “snow rule” is there.

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