Page 27 - BusinessWest November 23, 2020

Winter Weather Advisory
Lax Approach to Snow Removal Is Like Walking on Thin Ice
TBy Ryan K. O’Hara, Esq.
he start of a New England winter is one
of nature’s cruelest jokes — one week-
end, it’s 60 degrees and cloudless, stun- ning foliage glinting in brilliant sun (until it sets, and at a reasonable hour, mind you); the next, it’s pitch black before 5 o’clock, and the outside world morphs into a barren, inhospi- table tundra. The chill November breeze whis- pers: “gotcha!”
for the next several months is a bit grim.
As we steel ourselves for the winter ahead, it’s
a good opportunity to give a moment’s thought to another cheerful seasonal topic — the legal aspects of snow and ice accumulation and removal. Whether you love the winter weather or just love to complain about it, snow, ice, and sleet are facts of life here in Western Mass. for more than a quarter of the year. And, as with any
of reasonable care in their actions to all people those actions may affect.
In practice, this means that, when any of us have snow-cleaning responsibilities, if we are negligent in carrying them out, we may be liable to others — a scary premise. However, simple steps can go a long way in avoiding accidents
in the first place. An increased mindfulness of winter weather and its impact on safety will make sure you stay off your insurer’s naughty list. Below are summaries of liability concerns arising from winter weather in some common contexts, with recommendations for how you can appro- priately protect yourself and others.
Businesses
The Massachusetts Supreme Judicial Court
has established a rule that property owners must address all snow and ice on their properties, and act reasonably in removing snow and ice to make the property safe for use (see Papdopolous v. Target Corp., 457 Mass. 368 [2010]). So, for example, when a patron slips on a walkway controlled by the busi- ness and breaks their wrist, the business may be legally responsible under Massachusetts law.
“Negligence occurs when someone who owes a duty of care fails to act reasonably, causing harm to someone else. Everyone owes a general duty of reasonable care in their actions to all people those actions may affect.”
environmen- tal condition, they cause accidents.
When win- ter weather
plays a role in an accident causing prop- erty damage or injury, who is responsible? As usual, the old (perhaps
Each year, this sudden shift catches me by surprise. If you’re an eternal pessimist like me, talk of winter likely conjures unpleasant visions of storms, salting, shoveling, ice scraping, and (gulp) car cleaning. Apart from the brightness and lightness of the winter holidays, the picture
roasted?) chestnut of a lawyerly answer applies: it depends. Generally, most liabilities relating
to snow or ice arise from claims of negligence. Negligence occurs when someone who owes a duty of care fails to act reasonably, causing harm to someone else. Everyone owes a general duty
Winter
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