Massachusetts Snow Removal Laws and Liability

When do you have to shovel or treat icy surfaces?

Because of the dangers caused by snow and ice, shoveling and treating surfaces as quickly as possible is wise. If a threat exists, you have liability. Some cities and towns specify a minimum time by which surfaces must be cleared after a storm, but you may need to clean snow sooner;  i.e., Boston businesses 3 hours and residences 6 hours; Worcester 12 hours.

Do you have to shovel sidewalks in front of your house/business?

Most Massachusetts cities and towns require property owners to clear sidewalks and check their city or town ordinances. Often, you can be fined for failing to remove snow. Also, remember that shoveling snow out into the street is not allowed and is a fineable offense.

Can you transfer responsibility for shoveling to tenants?

Landlords are primarily responsible for snow removal at rental properties, and this responsibility can’t be transferred by language in a lease. Property owners are legally responsible for keeping all egresses free of obstruction. The only exception is when a dwelling has its egress that is not shared with other units. In this case, a landlord may require the tenant to be responsible for snow and ice removal of the entrance in a lease. However, this exception does not apply to the driveway or parking areas and so may not guarantee transfer of liability in some situations. It’s probably not worth taking a chance and relying on the tenant.

Do homeowners, dwelling fire, and commercial general liability policies cover injuries if someone slips and falls?

Typically, yes. Standard policies generally cover you if someone slips and falls on your property.  Be sure you purchase sufficient liability coverage of at least $500,000 or $1,000,000. The additional cost of increasing coverage to $1,000,000 is minimal for many homeowners. When a lawsuit happens, you can never have enough insurance. You can ask any attorney!

Helpful Links

Massachusetts Law about Snow & Ice

New Hampshire Law about Snow & Ice

City of Boston Snow Center