Additional Information:

In this market, we couldn’t sell our first home in Sherborn so we are planning to rent it.  Neither my wife nor I have ever been landlords.  With the winter snow and ice approaching, can you please explain Massachusetts law regarding snow and ice, slip and fall liability for a landlord?

ATTORNEY ANSWER:

Legal exposure for injuries resulting from slipping on snow and ice is an evolving area of the law.   Until recently, it was very difficult to prove these cases because our Supreme Judicial Court held that a land owner is not legally responsible for these injuries because ice and snow naturally falling from the sky was not considered a “defect” or hazardous condition.  That has now been changed.  The new rule is that a land owner must use reasonable care in maintaining the property.  This means that ice and snow must be addressed by the owner, but only reasonable care under the circumstances is required.  For example, if an ice storm occurs without warning in the middle of the night and the paper boy falls the next morning before you awaken, the lad probably has no case.  You didn’t act unreasonably under these circumstances.  As a landlord, it is crucial you inform your homeowner’s insurance company if you rent your property to another.  Ice and snow cases are covered by that insurance.  Further, best practices dictates that you require any tenant to purchase renter’s insurance which names you as an “additional insured.”  This type of inexpensive coverage will protect both you and your tenant if someone slips and falls on your property.  The fact that you have rented the house and no longer have direct control over the walkways and driveway does not insulate you from being legally liable or sued whether or not you did anything wrong.  

Slip and Fall Attorneys provide legal representation to individuals in Framingham and the surrounding areas including Sudbury, Wayland, Natick, Sherborn, Holliston, Ashland and Southborouth.