Winter is almost here. If you own residential or commercial property, it’s essential to understand your legal responsibilities regarding snow removal.
In 2010, Massachusetts snow removal law underwent a major change with a Supreme Judicial Court Ruling that overturned a 100+ year old Massachusetts Rule that previously allowed property owners to not shovel “natural accumulations” of snow without liability. With the change in the law, all property owners (owner occupied and rental) now have a legal obligation to keep their property free from snow and ice for the safety of visitors and guests…whether it’s “natural” or “unnatural” accumulations.
When do you have to shovel or treat icy surfaces?
Because of the dangers caused by snow and ice, it’s wise to shovel and treat surfaces as quickly as possible. If a danger exists, you have liability. Some cities and towns specify a minimum time by which surfaces must be cleared after a storm, but you may need to clean snow sooner; i.e. Boston – businesses 3 hours and residents 6 hours; Worcester – 12 hours.
Do you have to shovel sidewalks in front of your house/business?
Most Massachusetts cities and towns require property owners to clear sidewalks, but also check your city or town ordinances. Often you can be fined for failing to remove snow. Also remember that shoveling snow out into the street is not allowed and is a fineable offense.
Can you transfer responsibility for shoveling to tenants?
Massachusetts landlords have the primary responsibility for snow removal at rental properties, which can’t be transferred by language in a lease. Property owners are responsible by law to keep all egresses free of obstruction. The only exception is when a dwelling has its own egress that is not shared with other units. In this case, a landlord may require in a lease for the tenant to be responsible for snow and ice removal of the entrance. However, this exception does not apply to the driveway or parking areas and so may not guarantee transfer of liability in some situations. It’s probably not worth taking a chance and relying on the tenant.
Do homeowners, dwelling fire and commercial general liability policies cover injuries if someone slips and falls?
Typically, yes. Standard policies generally cover you if someone slips and falls on your property. Be sure you purchase sufficient liability coverage of at least $500,000 or $1,000,000. For many homeowners, the additional cost to increase coverage to $1,000,000 is very small. When a lawsuit happens, you can never have enough insurance.
The Law Offices of Renee Lazar represents both landlords and tenants in housing discrimination cases, evictions, chapter 93A consumer protection cases involving unfair or deceptive practices such as habitability or quiet enjoyment, and smoking policies.
Call Attorney Lazar at 978-844-4095 to schedule a FREE one hour no obligation consultation to discuss your concerns.