Last summer, the Supreme Judicial Court blew a kiss to the plaintiffs’ bar. It went largely unnoticed perhaps because the decision involved snow removal and Bay Staters would rather not spend their summer days thinking about snow.
In the decision, the activist court jettisoned centuries of well-cultivated precedent like they were throwing out the trash and adopted a new standard that places a harsh burden on property owners. As the AP reported last July:
Property owners may be held liable for snow-related injuries whether the accumulations are caused by Mother Nature or by snowplows, the state’s highest court ruled Monday in a far-reaching decision that attorneys said could result in a wave of personal injury lawsuits. Personal injury lawyers such as the Louthian Law Firm may be contacted to represent people who have had the unfortunate luck of slipping on the ice/snow.
In its ruling, the Supreme Judicial Court eliminated a longheld distinction in state law between “natural” and “unnatural” accumulations of snow and ice.
For more than a century, case law in Massachusetts held that property owners who failed to remove natural accumulations could not be held liable. But the court found that owners have a duty to keep the property reasonably safe. This means that those injured in these circumstances should consider speaking to a personal injury lawyer to help assess the case.
“The biggest effect is that people who have suffered injuries as a result of the negligence of the landowner will be able to seek compensation, even in cases where the snow or ice accumulated naturally,” said David White, a personal injury lawyer. So this means that if you have recently suffered a personal injury due to the snow, then you need to make sure that you get a personal injury lawyer involved as soon as you can. Why not make use of someone like these Oklahoma City personal injury attorneys to help you with your case?
So you better get out there and shovel that snow early and often. It’s your legal duty now. And when you’re breaking your back and looking for someone to curse, think of the SJC and the fools who appointed its liberal members.