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From the desk of Frank P. Fitzgerald, P.C.
Some helpful winter information for property owners:
Landowners must maintain their property in a reasonable safe condition. In Massachusetts, a landowner may be held liable to lawful visitors for injuries caused by falling on snow or ice, where the landowner’s actions or failure to act has changed the condition of naturally accumulated snow or ice. For example, if snow or ice is left untreated for an unreasonable amount of time and melts then refreezes, it is no longer considered a “natural accumulation.” Snow or ice should be removed or treated as soon as possible.
If an individual slips and falls on your property, the area where the person fell should be examined immediately. If the visitor fell on snow or ice, take photographs and make notes of the exact condition of the snow or ice, noting the color and texture, weather conditions and any salt or sand. Notify your insurer or attorney immediately and provide as much details as possible.
From the law offices of Frank P. Fitzgerald, P.C.
1331 Main Street
Suite 600
Springfield, MA 01103
Phone: (413) 732-2825
Fax: (413)732-3346
email: dmk@fitzgeraldatlaw.com |
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