In many parts of the country, it is the time of year for snow and ice. This may mean dangerous accidents that can lead to serious injuries or even death. Wrongful death claims are a type of personal injury claim appropriate for when an individual has been wrongfully harmed, which leads to death. Personal injury protections also exist for those wrongfully harmed and injured.
Premises liability law governs harm which occurs because of the carelessness of a property owner who fails to protect the public. In general, a property owner or possessor of property must make reasonable efforts to keep the property safe and to remedy known dangers or warn others of potential hazards. When a property owner fails to act reasonably to ensure the safety of others on the property and a slip and fall injury or other harm occurs, the property owner may be liable for the damages suffered.
Important changes to this area of the law in Massachusetts may now allow those harmed by wet and slippery snow and ice to more easily recover damages for the harm suffered. Property owners in Massachusetts are held to the same standard in snow and ice situations as other types of premises liability circumstances.
Property owners have a duty to act reasonably under the circumstances to ensure the safety of visitors on the property, as long as those visitors are not trespassing. In an exercise of reasonableness, the property owner must consider the likelihood of injury to others and the possible seriousness of potential injuries. The court will also consider the extent of the burden, such as expenses, placed on the property owner to minimize the risk of harm.
Harm caused by negligent property owners who fail to remove dangerous snow and ice can be significant. When harmed, it is important to understand the different types of personal injury options that may be available. At our firm, we can help you fully understand those options and how they apply to the unique circumstances of your situation.