Slip and Fall on Ice in Massachusetts: Property Owner Liability

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

Slip and Fall on Ice in Massachusetts: Property Owner Liability

Massachusetts winters create dangerous conditions on sidewalks, parking lots, stairs, and walkways throughout the state. Slip and fall accidents on ice and snow cause serious injuries every winter, from hip fractures in elderly victims to traumatic brain injuries from striking the head on frozen pavement.

For decades, Massachusetts property owners were largely immune from liability for natural snow and ice accumulation. That changed with a landmark 2010 court decision that fundamentally altered the legal landscape for ice and snow claims.

Papadopoulos v. Target Corp.: The End of the Natural Accumulation Defense

Before 2010, Massachusetts followed the natural accumulation doctrine, which held that property owners were not liable for injuries caused by the natural accumulation of snow and ice. Under this old rule, if you slipped on ice that formed naturally from snow and freezing temperatures, the property owner had no duty to remove it.

In Papadopoulos v. Target Corp. (2010), the Massachusetts Supreme Judicial Court eliminated the natural accumulation doctrine entirely. The court held that the distinction between natural and unnatural accumulations of snow and ice was illogical and that property owners should be held to the same standard of reasonable care for snow and ice as for any other hazardous condition.

This means that since 2010, property owners in Massachusetts have a duty to act reasonably to maintain their property in a safe condition during and after winter weather. This includes removing snow and ice, applying sand or salt, and warning of dangerous conditions.

What “Reasonable Care” Means

The property owner does not have to guarantee a perfectly ice-free surface at all times. The standard is reasonableness. What is reasonable depends on the circumstances:

• During an active storm: Property owners are generally not expected to clear snow and ice while a storm is still occurring. However, they should take steps to address accumulation within a reasonable time after the storm ends.
• After a storm: A reasonable amount of time must be allowed for clearing. What is reasonable depends on the severity of the storm, the size of the property, and the resources available.
• Refreeze and black ice: Property owners must address known refreeze hazards. Melting snow that refreezes overnight creates particularly dangerous conditions.
• High-traffic areas: Entrances, parking lots, and primary walkways should be prioritized for clearing.

Evidence that a property owner failed to exercise reasonable care includes:

• No snow removal or salting was done after a storm
• An extended period passed between the storm and when the owner addressed the conditions
• The property owner knew about the icy condition and failed to act
• Other similar properties in the area had been cleared while this one had not
• A snow removal contractor was hired but did an inadequate job

Landlord Responsibility for Snow and Ice

Landlords have a duty to maintain common areas in a reasonably safe condition, including removing or treating snow and ice in:

• Parking lots
• Walkways and sidewalks on the property
• Stairs and stairwells
• Building entrances and exits
• Common areas shared by tenants

The landlord’s duty exists even if the landlord hires a snow removal contractor. If the contractor fails to do the job properly, the landlord can still be held liable for resulting injuries. The landlord cannot delegate away their duty of care.

Lease provisions that attempt to shift snow removal responsibility to tenants generally do not relieve the landlord of liability. Under M.G.L. c. 186, Section 19 and the State Sanitary Code (105 CMR 410.000), landlords must keep all means of egress free from obstruction. This obligation cannot be negotiated away by lease language. The only narrow exception is a single-unit property with an independent entrance used exclusively by the tenant, and even then the landlord remains responsible for driveways, parking areas, and common pathways.

Commercial Property Owner Liability

Stores, restaurants, shopping centers, office buildings, and other commercial properties have a duty to maintain safe conditions for customers and visitors. This includes:

• Clearing parking lots and walkways within a reasonable time after snowfall
• Applying sand, salt, or ice melt to walkways and entrances
• Placing mats inside entrances to prevent tracked-in snow and water from creating slip hazards
• Posting warning signs for known icy conditions
• Monitoring conditions and reapplying treatment as needed throughout the day

Commercial property owners with heavy foot traffic are held to a particularly high standard because the risk of injury is greater and the resources to address it are typically available. Local ordinances may impose specific deadlines: Boston requires businesses to clear snow within 3 hours of a storm’s end (residences within 6 hours), while Worcester allows 12 hours. Check your municipality’s specific requirements.

Municipal Liability for Icy Sidewalks

Claims against cities and towns for icy sidewalks involve special rules:

Snow and ice alone is usually not enough: under M.G.L. c. 84, Section 17, a municipality is not liable for an injury caused by snow or ice on a public way if the way was otherwise reasonably safe and convenient for travelers. Claims based on a defect in the way, including sidewalks, are governed by M.G.L. c. 84, Section 15. You must:

1. Provide written notice to the city or town within 30 days of the injury (M.G.L. c. 84, Section 18). This is a strict deadline.
2. Prove that the municipality had notice of the dangerous condition (either actual notice or constructive notice from how long the condition existed).

Recovery against a municipality for a defect in a public way is capped at $5,000 under M.G.L. c. 84, Section 15, which is why identifying a private abutting owner or another responsible party is often critical.

Many municipalities have sidewalk ordinances that require abutting property owners to clear sidewalks in front of their buildings. If the property owner failed to comply with the ordinance, you may have a claim against both the municipality and the property owner.

Common Ice Slip and Fall Injuries

Ice falls are particularly dangerous because the victim typically falls backward, with no time to brace for impact. Common injuries include:

• Hip fractures: The most devastating injury for elderly victims. Hip fractures often require surgery, extended rehabilitation, and can lead to permanent mobility limitations and complications.
• Wrist and arm fractures: From attempting to catch yourself during the fall. Colles fractures (distal radius) are extremely common.
• Traumatic brain injuries: Striking the head on ice or frozen pavement. Even a seemingly minor head impact can cause a concussion or more severe brain injury.
• Back and spinal injuries: Herniated discs, compression fractures, and soft tissue injuries from the impact of landing on a hard surface.
• Shoulder injuries: Rotator cuff tears, labral tears, and dislocations from the fall impact.
• Knee injuries: ACL and meniscus tears from twisting during the fall.

Comparative Negligence in Ice Cases

The 51% comparative negligence rule applies to ice and snow cases. The defense will argue that you were partially at fault for your fall based on:

• You knew the conditions were icy and chose to walk in the area anyway
• You were wearing inappropriate footwear for winter conditions
• You were not paying attention to where you were walking
• You had an alternative, safer path available
• You were in a hurry and not being cautious

Even if you share some fault, you can still recover as long as your fault does not exceed 50%. Your recovery will be reduced by your percentage of fault.

However, the “open and obvious” defense has been significantly limited. In Dos Santos v. Coleta, 465 Mass. 148 (2013), the SJC held that a property owner still has a duty to remedy an obvious danger if they created and maintained it knowing visitors would encounter it. Black ice, by definition, is nearly invisible and is not an “open and obvious” hazard.

What to Do After a Slip and Fall on Ice

1. Seek medical attention. Even if you feel you can get up and walk, some injuries (particularly head injuries and spinal injuries) may not show symptoms immediately.
2. Report the incident. Notify the property owner, landlord, or store manager. Ask them to document the incident.
3. Photograph the conditions. Take photos of the ice, the exact location where you fell, the surrounding area, any footprints or tracks showing the surface was untreated, and your injuries.
4. Note the weather. Record when the last snowfall occurred and the temperatures that day and the days before. Weather records can be obtained later to verify conditions.
5. Get witness information. If anyone saw you fall, get their names and phone numbers.
6. Preserve your clothing and footwear. The shoes you were wearing are evidence. Do not discard them.
7. For private property (M.G.L. c. 84, Section 21): Send written notice to the property owner within 30 days of the injury. This applies to snow and ice claims on private property, not just municipal claims. A missing or late notice gives the owner a defense if the owner can show it was prejudiced, so send the notice on time.
8. For municipal sidewalks: Send written notice within 30 days to the city or town. This deadline is equally critical.
9. Contact an attorney. Personal injury attorneys handle these cases on contingency with no upfront cost.

Frequently Asked Questions

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

Yes. Since the 2010 Papadopoulos v. Target Corp. decision, Massachusetts property owners have a duty to remove or treat snow and ice on their property. The old ‘natural accumulation’ defense, which protected property owners from liability for naturally occurring ice, was eliminated. Property owners must now act reasonably to maintain safe conditions during and after winter weather.

What is the Papadopoulos decision and how does it affect ice slip and fall cases?

Papadopoulos v. Target Corp. (2010) was a landmark Massachusetts Supreme Judicial Court decision that eliminated the natural accumulation doctrine. Before this decision, property owners were not liable for injuries caused by natural accumulation of snow and ice. After Papadopoulos, property owners are held to the same standard of reasonable care for snow and ice as for any other hazardous condition.

Is my landlord responsible for removing snow and ice?

Generally, yes. Landlords have a duty to maintain common areas, including parking lots, walkways, and stairs, in a reasonably safe condition. This includes removing or treating snow and ice. The landlord’s duty extends to all areas they control, even if a snow removal company is hired. If the snow removal company does a poor job, the landlord can still be held liable.

Can I file a claim against a city or town for a slip and fall on an icy sidewalk?

Municipal claims are difficult. Under M.G.L. c. 84, Section 17, a city or town is not liable for injuries caused by snow or ice on a public way if the way was otherwise reasonably safe. Claims based on a defect in the way require written notice to the city or town within 30 days (M.G.L. c. 84, Section 18), and recovery is capped at $5,000 (Section 15). Many municipalities also have ordinances requiring abutting property owners to clear sidewalks, which can support a claim against the abutting owner.

What injuries are common in ice slip and fall accidents?

Common injuries include hip fractures (especially in elderly victims), wrist and arm fractures from trying to catch yourself, traumatic brain injuries from hitting the head on ice or pavement, back and spinal injuries, shoulder injuries, and knee injuries. Many of these require surgery and extended rehabilitation.

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 accidents, premises liability incidents, wrongful death cases, and other personal injury claims.

Contact Scalli Murphy Law

If you have been injured in a slip and fall on ice or snow, time is critical, especially for municipal claims requiring 30-day notice. Scalli Murphy Law has extensive experience with Massachusetts premises liability claims and understands how to prove property owner negligence in winter weather cases.

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

Related Resources:

• Snow and Ice Accident Lawyer
• Does My Landlord Have a Duty to Remove Snow and Ice?
• Premises Liability Practice Area
• Comparative Negligence: The 51% Rule

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.