Winter Slip-and-Fall Injuries in Massachusetts: Why Timing Matters
Winter in New England always brings the same thing: ice and snow — and with them, slip-and-fall injuries. These cases are different from most other fall claims because Massachusetts law has a very strict notice requirement.
The 30-Day Written Notice Rule
If you are injured in a snow- or ice-related fall, you must give the property owner or property manager — ideally both — written notice within 30 days of the injury.
There can be exceptions, and sometimes legal arguments can be made if the notice requirement was not followed perfectly. But you never want your case to depend on arguing about whether the statute applies to you. It is far better to simply comply with the law from the beginning.
The safest approach: act immediately and make sure proper notice is sent.
Why Acting Quickly Helps Every Slip-and-Fall Case
Even when the fall is not caused by ice — for example, in a grocery store — quick notice still matters because of video evidence.
Most supermarkets initially claim there is no video. They repeat this during the claims process and even early in litigation. Yet once managers are questioned under oath, video almost always exists.
The problem is retention.
Security systems continuously record over old footage. Typically, video is erased after a couple of weeks — sometimes longer, sometimes shorter. If too much time passes, the evidence disappears.
However, once the business is notified of the fall and told to preserve the footage, they must keep it. If they allow it to be destroyed after receiving notice, that becomes a serious legal issue for them involving destruction or spoliation of evidence.
What If You’re Hesitant to File a Claim?
Many people delay action because:
The property owner is their landlord
The business is somewhere they regularly shop
They hope the injury will improve
They want to wait until they move
Waiting is risky because of the 30-day requirement.
If you truly cannot send a formal letter right away, at least send a text message. Courts increasingly recognize electronic communications as written notice. While lawyers may still argue about technical compliance, it is very difficult for a property owner to claim they were harmed by receiving notice via text instead of certified mail when the information itself was clear.
Still, the best option is always proper written notice. Anything else is a half-measure that you hope will work.
What the Notice Must Include
A proper notice should contain:
Your name
Your address
Date of the incident
Time of the incident
Exact location
Description of the cause of the incident
Description of the injury
Statement that the injury resulted from the fall
The injured person’s signature
Sending this correctly — preferably by certified mail — protects your claim.
What You Should Do After a Fall
Get medical care immediately.
Do not wait weeks to act.
Provide notice as soon as possible.
Preserve evidence.
Speak with a lawyer quickly so the notice is done correctly.
Coming in the next day — or even within a week — is fine in terms of notice. The key is not letting the deadline pass. However, it is important to photograph the conditions that existed when you fell. With ice and snow slip and falls, conditions may change very quickly, so the sooner the better.
Proper timing often determines whether a valid injury claim survives or fails. Hopefully you never need legal help with this. But if you do, acting early makes all the difference. As always, The Law Office of Louis S Haskell is here to help.