As we negotiate the season’s first snow, there are many warnings: give yourself extra time, drive slowly and clear your car, front steps and driveway.
Remember these precautions in coming days and weeks, especially if you are a property owner. In Massachusetts, property owners have a duty to use reasonable care in clearing snow and ice so no one is injured. Papadopoulos v. Target Corp., 457 Mass. 368 (2010). Where there was once a distinction between “natural” and “unnatural” snow accumulations, there is no longer. The best way to keep your property safe is keep up with each snow fall. Frequently inspect your property throughout the season.
Snow and ice injuries can be serious, requiring months or more to heal. Shoveling your driveway is your responsibility as a property owner and the right thing to do. No one wants to bear the guilt of causing another person injury. And no one wants to be held liable for someone else’s injury and have to pay financial damages.
At Breakstone, White & Gluck, our Boston personal injury lawyers have extensive experience handling premises liability cases, including snow and ice injuries caused by negligence. We share our cases as cautionary tales.
Slip and Fall on Icy Ramp at Commercial Property, $825,000 Settlement
Attorney Marc L. Breakstone successfully negotiated an out-of-court settlement for a client who suffered a serious fall on an icy handicap ramp. The ramp was on a commercial property. Our client suffered a trimalleolar fracture with ankle fusion and had to undergo multiple surgeries. Photos gathered in the case showed part of the handrail was actually missing prior to the accident and there was ice from a downspout. The case settled in favor of our client after two days of mediation. Attorney Breakstone had engaged an engineering expert and meteorology expert to testify had the case gone to court.
Heavy Snow Collapse Causes Traumatic Brain Injury, Undisclosed Settlement After 4th Day of Trial
Attorney Ronald E. Gluck successfully negotiated a settlement for our client, who was injured when heavy snow collapsed suddenly from a commercial warehouse roof onto her vehicle. The defendants – the property owner, the property management company and the company which leased the warehouse – had neglected their duty to clear the snow and provide a safe environment. The case went to Middlesex Superior Court, where Attorney Gluck presented testimony from multiple expert witnesses, including a neurologist and a meteorologist, in support of his client’s case. Each day, the defendants made an offer to settle the case. After the fourth day, Attorney Gluck’s client accepted an offer that represented an 800 percent increase from the pre-trial offer.
Free Legal Consultation – Breakstone, White & Gluck
Breakstone, White & Gluck brings more than 100 years combined legal experience to those injured by negligence in Massachusetts. We represent clients across Massachusetts, including in Boston and Cambridge; Saugus and the North Shore; Brockton and Plymouth; Cape Cod; Framingham and MetroWest; and Worcester and Central Massachusetts.
If you have been injured as a result of someone else’s negligence, learn your rights. Contact Breakstone, White & Gluck for a free legal consultation with one of our personal injury attorneys. Call 800-379-1244 or 617-723-7676. You can also use our contact form.
Wearing a bicycle helmet is the most effective way to prevent a serious head injury on a bicycle. It is most important for young children who are still in development and building their strength.
Breakstone, White & Gluck is continuing its commitment to bicycle safety by donating children’s bicycle helmets through our Project KidSafe campaign. Here are a few recent and upcoming events:
Kiwanis Club of Somerville. For the third year, we partnered with the Kiwanis Club of Somerville at Bike Safety Day on May 16th. Each year, the Kiwanis holds the event in a different neighborhood; this year’s event was held at the Dr. Albert F. Argenziano School at Lincoln Park. There was a great turnout and the Kiwanis and Attorney David W. White donated nearly 120 bicycle helmets. Children were also offered free bike inspections, reflectors, safety information and the chance to test out their skills on bicycle obstacle courses. Read more about the Kiwanis Club of Somerville.
Worcester Earn-a-Bike. This community bicycle shop teaches local residents the basics of bicycle maintenance while letting them work to earn a free bicycle. If you are under 17 years old, you must volunteer for 5 hours to receive a free bicycle and anyone over age 17 must volunteer for 10 hours.
Worcester Earn-a-Bike is also known for its popular annual Kids Bike Sale. This year’s event will be held on June 6th. This is a fun event because every child’s bicycle is on sale for just $5. Breakstone, White & Gluck participates by donating free bicycle helmets to children who need one. This is the second year we have partnered up with Worcester Earn-a-Bike. Read more about Worcester Earn-a-Bike.
Friends of Lexington Bikeways. The Friends of Lexington Bikeways donated bicycle helmets from Project KidSafe to children at Discovery Day on May 23. The group showed children how to properly fit the helmets and spoke about safety with parents and children. This is the second year we have partnered up with the Friends of the Lexington Bikeways, which is active in promoting and supporting safe cycling and development of bike routes. Read more about the Friends of Lexington Bikeways.
Photo: A volunteer helps a child adjust a bicycle helmet at Discovery Day in Lexington, Massachusetts.
More snowfall today just means more frustration for many of us in Massachusetts. Before today, the Boston area had already seen more than 53 inches of snow this winter, 10 inches more than the total annual average. Worcester is also close to setting a record, recording 72 inches, just four inches away.
Much of the snow has fallen hard during the past two weeks, during the Blizzard of 2015 and other storms. A Washington Post headline summed it up best: “Boston’s record-setting snow blitz – a winter’s worth of snow in less than 10 days.”
Those 10 days should be done now. But Mother Nature just keeps throwing down snow, though she gave the Patriots a reprieve, allowing them to hold their Super Bowl parade in Boston this week. But even the professional football team had to postpone a day to avoid the bitter cold and to let the City of Boston catch up on the clean-up.
More snow is expected this weekend. A few things to remember:
Clearing Snow from Your Property. Homeowners in Massachusetts have a responsibility to clear the snow and ice from their driveways, walkways and other areas of their property. It is important to make sure your family and others, such as friends, postal carriers and delivery workers, can safely visit your property without slipping and falling.
If someone slips and falls on your property, you could be held liable for damages, even if they are uninvited. For a long time, Massachusetts law regarding snow and ice injuries exempted property owners from liability if someone was injured as a result of snow that naturally accumulated and had not been cleared. But in 2010, the Supreme Judicial Court overruled this nearly century old rule. There is now a clear directive that Massachusetts property owners must remove snow and ice. The case is Papadopoulos v. Target Corporation, SJC-10529 (July 26, 2010). Here is a past blog and a Lawyer Alert we wrote on the ruling.
Snow Blower. Make sure you read the instructions and understand your snow blower before using it in heavy snow conditions. If the snow blower is jammed DO NOT attempt to clear it by hand. Even if the blower is not running, it can have stored up mechanical energy that can deliver devastating injuries. Check with the manufacturer and the Consumer Product Safety Commission at the start of each winter to see if there have been any product recalls.
Here is a resource for safe use of snow blowers.
Shoveling Snow Safely. While you must clear the snow, you also have to be safe. Snow removal can lead to injuries, some minor and some very serious, such as heart attacks, dehydration, pulled muscles, broken bones from slip and falls and frostbite. Always consult with your doctor if you concerned about your ability to undertake this strenuous exercise.
If you shovel, drink plenty of water, stop periodically to stretch and dress in layers so you can easily remove one if you get overheated. Try to push the snow, rather than lift it, when you can. Here is an article about shoveling snow safely.
Driving and Taking Public Transportation. Be patient. Limit your time on the road if you can. The Governor of Massachusetts declared a state of emergency and travel ban during the recent blizzard. Many employers closed their offices then and since on other days of heavy snowfall.
When you have to travel, consider public transportation when you can or stagger your work day schedule if it helps and your employer allows this.
If you ride the MBTA, monitor the website, app or local TV stations. Red Line and Orange Line commuters faced significant delays this week, with 40 percent of the cars disabled for mechanical problems. Many commuters were left standing outside in the cold, waiting for trains or had to take buses. Systems are failing all over the state.
Walking. The snowbanks are tall and the roads narrow in many areas, making it hard to walk. If you must walk outside, wear visible clothing, including a bright safety vest if you have one, so you are visible to drivers. Walk on sidewalks and carefully look around snowbanks before stepping into the streets, even at crosswalks.
Watch out for regular traffic, as well as snow plows. A Weymouth woman was killed in a pedestrian accident this week when she was struck by a plow driver at her condominium complex.