Retailers in Massachusetts Face an Avalanche of Claims

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In 2010, Massachusetts' Supreme Judicial Court, the highest court in the state, repealed the state's longstanding rule that landowners face no civil liability to those who fall on natural accumulations of snow and ice on their property. The repeal of the so-called "natural accumulation rule" will undoubtedly result in the filing of many claims that would not previously have been brought, a result that will be especially acute as the Supreme Judicial Court specifically stated that the decision would apply retroactively to accidents that occurred before the repeal of the rule, ensuring that Massachusetts retailers will now face an avalanche of new and old claims.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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