Massachusetts winters are beautiful — but they can also be dangerous. Snow, ice, and freezing temperatures turn everyday habits into serious risks. From slippery sidewalks and hazardous roads to carbon monoxide dangers, winter brings preventable injuries that can change lives.

Winter Weather Ahead signSnow and Ice: Know the Law and Stay Stable

Slip and fall injuries on snow or ice are extremely common — and extraordinarily serious. Broken bones, head injuries, and spinal trauma often follow a single misstep on untreated sidewalks or parking lots.

What Massachusetts Law Says

While Massachusetts law doesn’t contain a single statute spelling out every property owner’s obligations after snowfall, several laws govern snow, ice, and related liability:

  • MGL c. 40, § 21 allows cities and towns to adopt bylaws requiring property owners to clear snow and ice from sidewalks adjacent to their property.
  • MGL c. 84, § 21 requires a person injured on private property due to snow or ice to notify the property owner within 30 days of the injury. This requirement, may be overcome, however.
  • Massachusetts courts, including the Papadopoulos v. Target ruling, hold property owners responsible for taking reasonable care to remove or treat snow and ice — regardless of how it accumulated.

In plain language: if you slip on untreated snow or ice that a property owner could reasonably have cleared or treated, that owner may be negligent.

Tips to Stay Safe

  • Wear boots with good traction
  • Walk slowly and take short steps
  • Use handrails on stairs and ramps
  • Avoid shortcuts across uncleared areas

Even when weather is bad, property owners and businesses in Massachusetts have a duty to make walkways reasonably safe.

Winter Driving: Adjust for Conditions

In snow and ice, even experienced drivers must adjust their habits. Massachusetts drivers are legally expected to operate at a safe speed for conditions, not just the posted speed limit.

When Negligence Leads to Crashes

Many winter car accidents occur because a driver:

  • Failed to clear snow or ice from windows and the roof
  • Drove too fast for conditions
  • Followed too closely on packed roads

If another driver’s negligence causes a crash — especially in winter conditions — the injured party may recover damages for medical bills and lost wages.

Carbon Monoxide: “Nicole’s Law” and Your Safety

Carbon monoxide (CO) kills silently. In Massachusetts, the Legislature passed “Nicole’s Law” (MGL c. 148, § 26F½) requiring carbon monoxide alarms in most residences.

What the Law Requires

  • Every residential building with fossil fuel–burning appliances (like furnaces, boilers, fireplaces, or gas dryers) must have working CO alarms.
  • Landlords and property owners must install these alarms before a lease begins and maintain them (replace batteries and defective units).

If a landlord fails to provide or maintain CO alarms — and an injury results — that may be a legal violation and basis for a claim.

Safety Tips

  • Install CO detectors on every level of your home
  • Place alarms within 10 feet of sleeping areas
  • Have heating systems inspected annually

Heating Systems and Habitability

Cold weather injuries aren’t just from slips or cars — inadequate heat itself can be a danger.

While not directly codified in the general laws, Massachusetts health codes require landlords to provide and maintain adequate heating systems so all habitable rooms stay warm during the winter. Many local health boards enforce these minimum standards. Failing to provide heat during cold months can be both a health code violation and a safety hazard.

When an Injury Is Not “Just an Accident”

Winter conditions are common in Massachusetts — but preventable injuries are not “just accidents” when someone else failed to take reasonable precautions.

Whether it’s an uncleared walkway, an unsafe parking lot, a distracted winter driver, or a landlord who ignored CO alarm laws, the law recognizes that negligence has consequences.

SUGARMAN has decades of experience handling weather related personal injury claims. If you or a loved one is hurt this winter, and you would like to speak to an attorney, call 617-542-1000, email or fill out our contact form.