Leary v. Mall at Liberty Tree LLC

Welch, Richard E., J.

INTRODUCTION

During winter, snow can fall generally over the Massachusetts landscape. Due to our northern climate or out of respect for our hardy and weathered citizens, Massachusetts courts have developed the “natural accumulation” doctrine. This doctrine holds that a landowner is not liable for virgin snow and ice that piles up on his property. The Massachusetts pedestrian must beware when walking on naturally formed snow and ice. But when that snow or ice is transformed by some human action or device, be it ruts from a snowplow, water channeled by a gutter, or even…