Snow Removal Laws Massachusetts | Liability Guide 2026

Reviewed by Chris Murphy, Esq., Scalli Murphy Law, P.C. · Updated July 2026

Snow Removal Laws Massachusetts: Property Owner Liability Guide

Every winter, Massachusetts residents deal with snow and ice on sidewalks, parking lots, driveways, and building entrances. When property owners fail to clear these hazards, the consequences can be severe. Nationally, an estimated 1 million people visit the emergency room each year for injuries from falls on snow and ice, which account for the large majority of weather-related injuries.

If you have been injured in a slip and fall on ice in Massachusetts, understanding the state’s snow removal laws is the first step toward protecting your rights and building a strong claim.

How Massachusetts Snow and Ice Law Changed in 2010

For 125 years, Massachusetts followed a legal rule called the “natural accumulation defense.” Under this rule, which originated in Woods v. Naumkeag Steam Cotton Co. (1883), property owners were not liable for injuries caused by snow and ice in its natural state. If snow fell from the sky and accumulated on a sidewalk or parking lot without any human intervention, the property owner had no legal duty to remove it.

That changed in 2010 with the landmark decision in Papadopoulos v. Target Corp., 457 Mass. 368. The plaintiff, Emanuel Papadopoulos, slipped and fell on a patch of ice in the parking lot of Liberty Tree Mall in Danvers in front of a Target store on a December morning. The parking lot had been plowed but still contained scattered snow and ice patches. The trial court dismissed the case under the natural accumulation rule.

The Massachusetts Supreme Judicial Court reversed and abolished the natural accumulation defense entirely. The court held that property owners now owe all lawful visitors the same duty regarding snow and ice that they owe for every other hazard on their property: a duty to act as a reasonable person under all the circumstances.

The court wrote: “If an owner knows or reasonably should know of a dangerous condition on its property, whether arising from an accumulation of snow or ice, or rust on a railing, or a discarded banana peel, the property owner owes a duty to lawful visitors to make reasonable efforts to protect lawful visitors against the danger.”

The Current Standard: Reasonable Care

After Papadopoulos, the question in every Massachusetts snow and ice case is no longer whether the accumulation was “natural” or “unnatural.” The question is whether the property owner exercised reasonable care under the circumstances.

Courts evaluate several factors when determining what counts as reasonable:

Likelihood of injury: How much foot traffic does the property receive? A busy retail store faces more scrutiny than an unoccupied warehouse.
Seriousness of potential injuries: A nursing home with elderly residents is held to a higher standard than a private residence.
Burden of reducing the risk: The cost and difficulty of snow removal relative to the property and the danger.
Weather conditions: Whether a storm was still in progress, how recently it ended, and whether temperatures were dropping.

The court emphasized that this standard “does not make a property owner an insurer of its property; nor does it impose unreasonable maintenance burdens.” A jury decides what snow and ice removal efforts are reasonable based on the specific facts of each case.

No Formal “Storm in Progress” Defense

Unlike some neighboring states, Massachusetts does not have a formal “storm in progress” defense that automatically shields property owners during active snowfall. However, ongoing storm conditions are one factor that courts and juries consider when deciding whether a property owner acted reasonably. A property owner is not expected to keep a parking lot perfectly clear during a blizzard, but they may be expected to apply salt or sand during lulls in precipitation.

Commercial Property Owner Duties

Commercial property owners face heightened expectations because they invite the public onto their premises. Under the reasonable care standard, commercial property owners should:

Remove snow and ice from parking lots, walkways, entrances, and accessible routes within a reasonable time after precipitation ends
Apply salt, sand, or calcium chloride to prevent ice formation, especially in areas prone to refreezing
Monitor conditions throughout the day during freeze-thaw cycles
Maintain proper drainage to prevent meltwater from pooling and refreezing
Post warning signs if hazardous conditions cannot be immediately corrected

Many municipalities also impose specific deadlines on commercial properties. Failing to meet these deadlines can result in fines and can serve as evidence of negligence in a premises liability claim.

City-Specific Snow Removal Ordinances

Massachusetts does not have a single statewide deadline for snow removal. Instead, individual cities and towns set their own rules. If you own property or were injured in one of these communities, the local ordinance matters.

Boston

Property owners must clear snow, sleet, and ice from sidewalks and curb ramps within 3 hours after snowfall stops. If snow stops overnight, the deadline is 3 hours after sunrise. The cleared path must be at least 42 inches wide. If ice cannot be removed, it must be treated with sand or a similar material.

Fines for failure to clear snow:

Commercial properties: $200 per day
Residential (16+ units): $100 per day
Residential (16 or fewer units): $50 per day

Each day of noncompliance counts as a separate violation.

Cambridge

Snow must be removed within 12 hours after it stops falling during the day. If it snowed overnight, sidewalks must be cleared before 1:00 PM. Ice must be removed within 6 hours from the time it forms. Sidewalks must be cleared to bare pavement with a path at least 3 feet wide.

Worcester

Snow and ice must be cleared from sidewalks within 10 hours after snow ceases. The fine is $75 per day. Shoveling, plowing, or blowing snow back into the street is prohibited, and the city may clear the sidewalk itself and bill the property owner.

Somerville

If snow stops falling during the day, sidewalks must be clear by 10:00 PM. If snow stops overnight, sidewalks must be clear by 10:00 AM. Fines apply for each day of noncompliance, with higher amounts for commercial properties, and the city may clear uncleared sidewalks and bill the owner.

Brookline

Residential properties with 4 or fewer units have 24 hours after the storm ends. Commercial properties and buildings with 5 or more units must clear within 3 hours (or 3 hours after sunrise for overnight storms). Daily fines apply for noncompliance.

Other Communities

Brockton requires removal within 8 hours in its downtown district. Newton requires removal within 24 hours. Many other towns have their own specific ordinances, and deadlines and fine amounts change from time to time. Check with your municipal government if you are unsure about local requirements.

Residential Homeowner Duties

Since Papadopoulos, every residential property owner in Massachusetts has a legal duty to exercise reasonable care in removing snow and ice. This includes clearing driveways, walkways, front stoops, outdoor stairs, and patios.

Sidewalk responsibility depends on your local ordinance. Sidewalks are generally municipal property, but under M.G.L. c. 40, Section 21, cities and towns can require abutting property owners to clear them. Most Massachusetts communities have adopted such ordinances. If your sidewalk includes a curb cut or wheelchair ramp, that must be cleared as well.

Property owners also cannot shovel snow into the street, which is prohibited in most municipalities.

Homeowner’s liability insurance typically covers injuries that occur on your property due to inadequate snow removal, subject to policy limits. But coverage usually depends on whether you took reasonable steps to maintain safe conditions.

Landlord Responsibilities Under Massachusetts Law

Massachusetts holds landlords to strict snow removal obligations that cannot be shifted to tenants in most situations.

The State Sanitary Code (105 CMR 410.452)

The Massachusetts State Sanitary Code requires landlords to “maintain all means of egress at all times in a safe, operable condition” and to “keep all exterior stairways, fire escapes, egress balconies and bridges free of snow and ice.” This applies to entry and exit ways, shared walkways, common areas, exterior stairways, and fire escapes.

Can a Lease Require Tenants to Shovel?

In general, no. A landlord cannot transfer snow removal responsibility to tenants through a lease clause. There is one narrow exception: a landlord may assign snow removal to a tenant only where the unit has an independent means of egress not shared with other occupants and the written lease specifically assigns this duty. This exception covers only the means of egress, not driveways or parking areas.

For multi-unit buildings, the landlord is always responsible for common areas. Even if a lease purports to assign snow removal to a tenant, the landlord remains liable to third parties, including visitors, delivery workers, and mail carriers, for injuries in common areas. A landlord who tries to delegate snow removal duties and then fails to supervise may face even stronger liability.

Condominium associations face similar obligations and must maintain common areas including parking lots, walkways, exterior stairways, and shared entrances.

Municipal Sidewalk and Public Way Claims

If you were injured on a public sidewalk or road due to snow and ice, the rules for bringing a claim against the municipality are different from claims against private property owners.

Municipal Immunity for Snow on Public Ways

Under M.G.L. c. 84, Section 17, municipalities are generally immune from liability for snow and ice injuries on public sidewalks and roads, as long as the location was “otherwise reasonably safe and convenient for travelers.” This immunity applies only to public ways, not to municipal buildings, parking lots, or other government-owned property.

The 30-Day Notice Requirement

For claims involving defects in public ways, M.G.L. c. 84, Section 18 requires you to provide written notice to the municipality within 30 days. The notice must include your name, address, the time and place of injury, and the cause. However, Section 18 includes a special provision for snow and ice: failure to give timely notice is not a defense unless the municipality can prove it was actually prejudiced by the delay. The rationale is practical; snow and ice conditions change so quickly that a 30-day-old notice provides limited value for investigation.

Recovery against a municipality for defects in public ways is capped at $5,000 under Section 15.

Government Property Claims Under the Tort Claims Act

If your injury occurred on government-owned property other than a public way, such as a municipal building entrance, school parking lot, or public library steps, your claim falls under the Massachusetts Tort Claims Act (M.G.L. c. 258). This requires you to file a written presentment within 2 years of the injury and caps damages at $100,000. These claims have their own procedural requirements, and missing the presentment deadline can bar your case entirely.

Comparative Negligence in Snow and Ice Cases

Massachusetts follows a modified comparative negligence system under M.G.L. c. 231, Section 85. You can recover damages even if you were partly at fault for your fall, as long as your negligence was not greater than 50 percent. Your compensation is reduced by your share of fault. If you are found 30 percent at fault and your damages are $100,000, you recover $70,000.

Property owners and their insurance companies commonly argue that the injured person was partly to blame for:

Walking on an obviously icy surface when a safer path was available
Wearing inappropriate footwear for winter conditions
Looking at a phone instead of watching where they were walking
Taking a shortcut across an icy parking lot rather than using a cleared walkway

An important point from Papadopoulos: the fact that a hazard is “open and obvious” does not automatically bar recovery. A property owner is “not relieved from remedying an open and obvious danger where it can and should anticipate that the dangerous condition will cause physical harm.” However, an open and obvious condition may reduce the plaintiff’s share of fault.

Common Injuries from Falls on Snow and Ice

Falls on snow and ice cause a wide range of injuries, from minor bruises to life-threatening conditions. Understanding the most common injuries helps illustrate why these cases can carry significant value.

Wrist and Forearm Fractures

Wrist fractures are the most common injury from falls on snow and ice, accounting for 34 percent of all fractures. The most typical is a Colles fracture (distal radius fracture), which occurs when a person instinctively extends their hand to break the fall. These injuries often require casting, and severe fractures may need surgical repair with plates and screws.

Hip Fractures

Hip fractures are among the most serious fall injuries, particularly for older adults. The one-year mortality rate after a hip fracture in older adults ranges from 17 to 33 percent. For nursing home residents, the numbers are even worse: 36 percent for women and 54 percent for men. Hip fracture surgery, rehabilitation, and potential nursing home care can result in hundreds of thousands of dollars in medical costs.

Traumatic Brain Injuries

When a person falls on ice and strikes their head on pavement, the result can be a traumatic brain injury. Falls on ice produce the highest percentage of TBIs of all types of same-level falls. For adults 65 and older, 81 percent of TBI-related emergency room visits are caused by falls. Even a “mild” concussion can cause lasting cognitive problems, headaches, and difficulty concentrating.

Back and Spinal Injuries

Landing on the back after a slip can cause herniated discs, lumbar sprains, and in severe cases, spinal cord injury. Back injuries from falls can be debilitating and may require months of physical therapy or surgical intervention. Falls cause about 32 percent of all traumatic spinal cord injuries nationwide, according to the National Spinal Cord Injury Statistical Center.

Shoulder, Ankle, and Knee Injuries

Ankle fractures account for 18 percent and shoulder fractures for 11 percent of all fractures from falls on snow and ice. Knee ligament tears, rotator cuff injuries, and dislocations are also common and frequently require surgery.

Settlement Values for Snow and Ice Injury Cases

The value of a snow or ice injury claim in Massachusetts depends on several factors, including the severity of the injury, medical costs, lost wages, and the clarity of the property owner’s negligence.

Injury Severity	Typical Settlement Range
Minor (soft tissue, bruising)	$10,000 to $50,000
Moderate (fractures requiring physical therapy)	$50,000 to $250,000
Herniated disc	$100,000 to $500,000
Severe (multiple surgeries, permanent disability)	$250,000 to $2,000,000+

Note: Every case is different. These ranges are based on reported Massachusetts results and national data. Your case value depends on your specific injuries and circumstances.

Reported Massachusetts results include a $137,500 settlement for a fall on ice causing shoulder, hip, back, and wrist injuries; a $125,000 settlement for a fall on snow-covered apartment steps; and a $90,000 settlement for a torn rotator cuff from a fall on ice in a commercial parking lot. These are individual reported outcomes, not predictions for any other case. For context on how these compare to other personal injury claims, see our guide on average settlement amounts in Massachusetts.

Surgical intervention typically increases settlement values substantially compared to conservative treatment for the same injury. Personal injury settlements for physical injuries are generally not taxable in Massachusetts.

Black Ice and Hidden Hazards

Black ice is a thin, transparent layer of ice that forms on dark pavement and is nearly invisible to pedestrians. It forms when temperatures hover near freezing, when snow melts during the day and refreezes overnight, or when moisture from fog or drainage freezes on cold surfaces.

Black ice cases are often stronger for injured plaintiffs because the hazard is not visible to a reasonable person, which undermines the property owner’s “open and obvious” defense. Property owners have a duty to anticipate refreezing during freeze-thaw cycles and to preemptively salt or sand areas prone to black ice. A property owner who clears snow but fails to address refreezing may still be liable under the Papadopoulos standard.

Old, compressed snow that has been walked on or driven over for days and hardened into packed ice is another common hazard. Property owners who allow snow to remain until it becomes compacted ice face heightened liability because they had extended time to address the condition.

Snow Removal Contractor Liability

When a property owner hires a contractor to handle snow removal, both the property owner and the contractor can potentially be held liable for injuries. This was directly at issue in Papadopoulos itself, where the snow removal contractor, Weiss Landscaping Company, was named as a defendant alongside Target.

Contractors can be liable for negligent plowing that creates dangerous conditions (such as piling snow where meltwater drains onto walkways), incomplete removal that leaves areas dangerously icy, or failure to salt and sand when required by the contract.

A property owner cannot delegate away their legal duty to maintain safe premises simply by hiring a contractor. If the contractor does a poor job, the property owner may still be liable to the injured person. The property owner’s recourse is then to seek indemnification from the contractor.

For injured parties, this can be an advantage. When both the property owner and the contractor are liable, there are two potential sources of insurance coverage available to pay the claim. An experienced personal injury lawyer can identify all responsible parties and all available insurance.

Steps to Take After a Snow or Ice Injury

Snow and ice conditions are temporary. The hazard that caused your fall may melt within hours. This makes quick action critical.

Seek medical attention immediately. Even if your injuries seem minor, go to the emergency room or urgent care. Some conditions, including concussions, internal bleeding, and soft tissue injuries, may not be apparent right away. A medical visit also creates an official record linking your injuries to the fall.
Photograph and video the scene. Document the exact spot where you fell, the ice or snow that caused the fall, poor lighting, lack of warning signs, and the overall area. Take both wide shots and close-ups. If you cannot do this yourself due to your injuries, ask a friend, family member, or witness.
Record weather and time details. Note the exact time, date, current temperature, and whether it was snowing or dry. Check when the last storm ended, because this is critical for establishing whether the property owner had a reasonable time to clear the hazard. Screenshot weather data from weather.gov or a weather app.
Gather witness information. Get names and contact information for anyone who saw your fall or who noticed the icy conditions before it happened.
Report the incident. Notify the property owner, building manager, or store operator. Request a written incident report and ask whether there is surveillance video. Footage is often overwritten within days, so requesting it early is essential.
Preserve your footwear. Save the shoes or boots you were wearing. The condition of the soles may become relevant to comparative negligence arguments.
Keep records of everything. Save every medical bill, receipt, prescription, and communication with insurance companies. Document your daily pain levels and how the injury affects your work, sleep, and daily activities.

If your fall happened at work, you may also have a workers’ compensation claim in addition to a potential third-party liability claim against the property owner.

Statute of Limitations and Filing Deadlines

The statute of limitations for a personal injury claim in Massachusetts is three years from the date of injury (M.G.L. c. 260, Section 2A). If you miss this deadline, your case is barred.

Claims against government entities have shorter deadlines:

Government-owned property (buildings, parking lots, schools): Written presentment within 2 years under the Tort Claims Act; lawsuit within 3 years
Public sidewalks and roads: 30-day written notice to the municipality (relaxed for snow/ice claims)

Because evidence in snow and ice cases disappears quickly, contacting a lawyer sooner rather than later gives you the best chance of building a strong case. Early investigation can preserve surveillance footage, weather data, and witness memories that may be lost with time.

In cases involving serious injuries such as emotional distress or wrongful death, the legal deadlines and procedures may differ, and it is especially important to consult an attorney promptly.

Frequently Asked Questions

What are the snow removal laws in Massachusetts?

Massachusetts requires all property owners to exercise reasonable care in removing snow and ice from their property. This standard was established by the Massachusetts Supreme Judicial Court in Papadopoulos v. Target Corp. (2010), which abolished the old natural accumulation defense and made property owners responsible for keeping their premises reasonably safe from snow and ice hazards. There is no single statewide deadline for snow removal, but many cities and towns enforce their own ordinances with specific timeframes. Boston requires snow removal within 3 hours after snowfall stops, Cambridge allows 12 hours, and Worcester allows 10 hours. Fines vary by municipality and can reach $200 or more per day.

Can I sue a property owner for a slip and fall on ice in Massachusetts?

Yes. Since the 2010 Papadopoulos v. Target Corp. decision, property owners in Massachusetts can be held liable for injuries caused by snow and ice on their property if they failed to exercise reasonable care. This applies to both commercial and residential property owners. To bring a successful claim, you must show that the property owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it. Massachusetts follows a modified comparative negligence rule, so you can recover damages as long as you were not more than 50 percent at fault for the fall. Your compensation will be reduced by your percentage of fault.

What is the deadline for filing a snow or ice injury claim in Massachusetts?

The statute of limitations for a snow or ice injury claim in Massachusetts is three years from the date of injury under M.G.L. c. 260, Section 2A. However, claims against government entities have shorter deadlines. If you were injured on government-owned property such as a municipal building or public parking lot, you must file a written presentment of your claim within two years under the Massachusetts Tort Claims Act. For injuries on public sidewalks or roads, you must provide written notice to the municipality within 30 days, although this requirement is relaxed for snow and ice claims if the municipality cannot show it was prejudiced by late notice.

Are landlords responsible for snow removal in Massachusetts?

Yes. Under the Massachusetts State Sanitary Code (105 CMR 410.452), landlords are required to keep all means of egress free of snow and ice, including exterior stairways, fire escapes, shared walkways, and common areas. Landlords generally cannot transfer this responsibility to tenants through a lease provision. The only exception is when a rental unit has its own independent means of egress that is not shared with other tenants and the written lease specifically assigns snow removal to the tenant. For multi-unit buildings, the landlord is always responsible for clearing common areas, and even a lease clause assigning snow removal to a tenant does not protect the landlord from liability to injured third parties such as visitors or delivery workers.

About the Author

Christopher Murphy, Esq. is the Managing Partner of Scalli Murphy Law with offices in Everett and Danvers, Massachusetts. Attorney Murphy has represented personal injury victims across Massachusetts since 1999 and has been recognized as a Massachusetts Super Lawyer in Personal Injury. He has helped thousands of clients and families recover compensation after car collisions, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you have been injured in a fall on snow or ice because of a property owner’s negligence, Scalli Murphy Law can evaluate your case, identify all responsible parties, and pursue the maximum compensation available. We handle snow and ice injury claims involving commercial properties, residential properties, landlord negligence, municipal liability, and contractor negligence.

Call 617-387-7000 or 1-833-933-HURT for a free consultation. There is no fee unless we recover for you.

Everett Office: 537 Broadway, Everett, MA 02149
Danvers Office: 1 Webb Street, Danvers, MA 01923

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This article provides general information about Massachusetts law and is not legal advice. Every case is different. For advice about your specific situation, contact Scalli Murphy Law, P.C. at 617-387-7000 for a free consultation.

Snow Removal Laws Massachusetts – Property Owner Liability Guide