NOAA released its 2026 to 2027 winter outlook on October 15, and for New England it points to a warmer than normal winter with a greater chance of mixed precipitation, wintry rain, and ice. For Greater Boston business owners and commercial landlords, that is not good news. A winter of freeze and thaw is a winter of icy walkways, slick parking lots, and slip and fall claims.
Now is the time to check your plan and your policy, before the first storm, not after the first claim.
Massachusetts holds property owners to a reasonable care standard
For more than a century, Massachusetts property owners had a useful defense: they generally were not liable for a fall on a “natural accumulation” of snow and ice. That changed in 2010, when the Supreme Judicial Court decided Papadopoulos v. Target Corp. The case involved a man who slipped on ice outside a Target store in Danvers.
The court did away with the old distinction between natural and unnatural accumulations. Today, property owners owe lawful visitors the same duty of reasonable care for snow and ice hazards that they owe for any other hazard. In plain terms, if someone falls on your property and you did not make a reasonable effort to deal with the snow and ice, you may be held responsible.
Massachusetts also uses comparative negligence. Under Chapter 231, Section 85 of the General Laws, an injured person can still recover as long as their share of fault is not greater than the combined fault of the people they sue. Their award is reduced by their own percentage of fault. So “they should have watched where they were walking” is rarely a complete defense.
Local rules add another layer
Many Massachusetts cities and towns have their own snow clearing rules. In Boston, property owners must clear sidewalks and curb ramps within three hours after snowfall stops, or within three hours after sunrise if it snows overnight. The cleared path must be at least 42 inches wide. The fine for a commercial property that fails to clear is $200, and each day a violation continues counts as a separate violation.
A fine is a cost of doing business. An injury claim from an uncleared sidewalk is a much bigger problem. If you own or lease property outside Boston, check your city or town’s rules now.
The snow contractor contract matters more than you think
Most businesses and landlords hire a plowing or snow removal company and assume the risk goes with the contract. It may not. Insurance for snow contractors has become harder to place. At a May 2025 State House hearing, an industry representative told lawmakers that liability rates for snow contractors were climbing and that insurers were less willing to cover them. One contractor described his first slip and fall claim in 19 years settling for $365,000, after which his insurer dropped his business.
A bill to limit snow removal service liability, S.1370, was reported favorably by the Joint Committee on Labor and Workforce Development in August 2025 and has been sitting in Senate Ways and Means since. For now, the contract between you and your contractor, and the insurance behind it, is what decides who pays when someone falls.
If your contractor’s coverage lapses, has low limits, or excludes snow and ice work, the claim may land on your own general liability policy, and your loss history.
Your pre-winter checklist
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Get a current certificate of insurance from your snow contractor. Confirm the policy dates run through the whole season and that the limits are meaningful for your property.
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Ask to be named as an additional insured. A certificate alone does not give you coverage. An additional insured endorsement on the contractor’s policy may.
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Read the indemnification and hold harmless language. Know who is agreeing to defend whom, and have your attorney review it if the contract is new or changed.
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Write down the plan. Who plows, who shovels walkways and entrances, who salts, and at what snowfall or temperature trigger.
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Keep a snow and ice log. Record dates, times, conditions, and what was done. If a claim comes in months later, a log can be the best evidence that you acted reasonably.
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Check your lease if you are a tenant or a landlord. Many commercial leases assign snow removal to one party. Make sure the insurance requirements in the lease match who actually does the work.
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Review your own general liability and umbrella limits. Slip and fall claims can involve serious injuries. An umbrella policy may add limits above your general liability, depending on your policy.
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Remember your own employees. If your staff shovel or salt, an injury to them is generally a workers’ compensation matter, so make sure your payroll and job classifications are accurate.
Fix the gaps before the first storm
Most snow and ice claims come down to three questions: did you act reasonably, who was responsible under the contract, and whose insurance responds. Those are much easier to answer in October than after a fall in February.
Send us your current general liability declarations page, along with your snow contractor’s certificate of insurance and your lease if you rent your space. We will review your limits, your additional insured status, and where your coverage may or may not respond if someone slips on your property this winter.
