Donahue Real Estate helpful tips
Sharpen Your Shovel - Clear That Snow And Ice (Bay State REALTOR® Magazine, summarized)
For more than a century, the Massachusetts rule has been that property owners could not be found liable for injuries due to the "natural accumulation" of snow and ice. The Supreme Judicial Court (SJC) has now greatly expanded the duty of the property owners.
Originally it was only when the injury was caused by the result of an "unnatural accumulation" of snow and ice, such as the effects of footprints in the snow; ice melting from gutters that refroze; and ruts from a car or plow that an owner could be found liable. That is no longer the law.
Every owner now has a duty to use "reasonable care" for the protection of visitors. According to the SJC, "The snow removal reasonably expected of a property owner will depend on the amount of foot traffic to be anticipated on the property, the magnitude of the risk reasonably feared, and the burden and expense of snow and ice removal."
Steps that every property owner should take:
1. Review insurance policies to be sure that there is adequate coverage.
2. Determine whether contractors or others hired to remove snow and ice have insurance.
3. Be vigilant when there is newly fallen snow or when temperatures allow melting and refreezing.
If complete clearing is not possible, warning signs may be appropriate. Even with such precautions, many attorneys predict a sharp increase in snow and ice claims as a result of the change in the law.
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If you have any Massachusetts real estate questions, or want to buy, sell or rent on Cape Cod, please contact Dennis Murphy, Owner/Broker of Donahue Real Estate and www.FalmouthHomes.com
Office 508 548 5412 x11
email DMurphy (at) FalmouthHomes.com
