pantheistic antipodes: Break Out the Shovels and Ice-Melt

Tuesday, January 1, 2013

Break Out the Shovels and Ice-Melt - The Massachusetts Real ...

Ice slip drink The first major winter storm in Massachusetts yesterday brought lots of questions on Massachusetts snow and ice removal law.

I am a homeowner and rental property owner. Am I legally required to clear snow and ice after a storm?

The law now in Massachusetts is that?all Massachusetts property owners and landlords are legally responsible for the removal of snow and ice from their property.?In 2010, the Massachusetts Supreme Judicial Court overruled 125 years of legal precedent which protected property owners from ?natural accumulations of ice and snow,? and announced this new rule. My prior post on the case can be read here. The rule applies across the board, to homeowners, landlords, commercial business owners, restaurants, everyone.

I am a landlord. How long do I have to shovel snow and ice on my rental property?

There is no clear cut answer to this question, and juries and courts will ultimately decide what is reasonable. The City of Boston?s policy is to give businesses 3 hours to clean snow, and 6 hours to residents. My advice is to shovel and treat snow and ice early and often. Even a thin coating of black ice can cause someone to slip and fall and seriously hurt themselves. (Admit it if you?ve dumped on your rear end like I have!). If you are an out-of-town landlord, you must hire someone to shovel your snow.

My lease states that the tenant is responsible for snow shoveling. Will that protect me from liability?

Probably not. A person who is injured due to untreated snow or ice will likely sue both the property owner and the tenant. The property owner must ultimately ensure that the property is safe for visitors. The landlord may bring a claim for contribution/indemnification against the tenant.

I live in Boston, and I heard I have to shovel the public sidewalk in front of my house after a storm. Is that true?

Yes. On top of their added responsibilities, property owners in several Massachusetts communities, including Boston, Newton, Lynn, and Worcester, are required by local ordinances to clear municipal sidewalks in front of their residences or businesses. The City of Boston mandates clean sidewalks within 6 hours of a storm; Worcester is 12 hours.

Will my homeowner?s or CGL insurance policy cover any injuries from slip and fall on snow/ice?

Yes, usually. The standard Massachusetts homeowners insurance policy and commercial general liability insurance policy (CGL) will have liability coverage for slip and falls on property. Make sure you have ample liability coverage of at least $500,000 to 1 Million. (You can never have enough insurance!). As with any insurance question, it?s best to contact your personal insurance agent.

If you have additional questions, please ask them in the comment forms below!

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Richard D. Vetstein, Esq. is an experienced Massachusetts real estate attorney who advises property owners and landlords as to liability issues. Please contact him at 508-620-5352 or at info@vetsteinlawgroup.com.