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Massachusetts Supreme Court Changes The Rules

On Behalf of | Aug 12, 2010 | Personal Injury

On July 26, 2010, the Massachusetts Supreme Judicial Court issued a landmark ruling abolishing an antiquated restriction on damages received from snow and ice cases. Prior to this ruling a victim who slipped and fell on snow and ice could only recover against the landowner if the victim proved that there was an “unnatural accumulation” of snow and ice. Recognizing that the unnatural accumulation rule was unjust, the Supreme Judicial Court abolished that standard and will apply a new standard for all slip and falls on snow and ice. Under this new standard, a property owner who knows or reasonably should know of a dangerous condition on his or her property has a duty to use reasonable care to protect visitors from injury.

If you or a loved one has been injured as a result of a dangerous condition on someone’s property, please contact a personal injury attorney at Hamblett & Kerrigan for a free consultation.


Kevin P. Rauseo is a former director at Hamblett & Kerrigan P.A. and has since been appointed as a Justice for the New Hampshire Circuit Court.  Please feel free to contact another attorney at Hamblett & Kerrigan to discuss your legal issues.