This ruling declared that in MA, judges and juries will no longer need to determine legally the distinction between naturally occurring icy conditions and those caused artificially; aka, by snow plows and snow removal!
"It is not reasonable for a property owner to leave snow or ice on a walkway where it is reasonable to expect that a hardy New England visitor would choose to risk crossing the snow or ice rather than turn back or attempt an equally or more perilous walk around it,'' Justice Ralph Gants wrote upon the final decision.
"We now will apply to hazards arising from snow and ice the same obligation that a property owner owes to lawful visitors as to all other hazards: a duty to 'act as a reasonable person under all of the circumstances including the likelihood of injury to others, the probable seriousness of such injuries, and the burden of reducing or avoiding the risk" continued Gants.
One lawyer in MA predicted that this will fuel more slip and fall related lawsuits in the future.
Is this a case of increasingly shifting the burden of liability to the property manager and snow contractor? Or does this increase the need for high quality, professional snow and ice, and risk, management? You make the call...
Read the full article here: http://www.boston.com/news/local/breaking_news/2010/07/high_court_chan.html
