Is a tenant liable for running into the garage door of their building if the ramp was fully covered in snow and hadn’t been cleaned?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is a tenant liable for running into the garage door of their building if the ramp was fully covered in snow and hadn’t been cleaned?
The building is responsible to plow the snow.
Asked on March 14, 2015 under Accident Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
The tenant may be liable, since even if the ramp were snow covered, assuming that the snow was visible, the tenant would then be expected to drive appropriately for that condition (i.e. very slowly).
The building would generally only be liable if the following two conditions are met:
1) The building would have had to have had reasonable chance (i.e. enough time) to plow, etc. the ramp. They are not required to do so in "real time" as the snow falls, just to take reasonable steps, similar to those which a homeowner would do to clear his/her driveway or sidewalk, to clean off the snow.
2) If the above were the case, then still only if the tenant were driving completely appropriately for snow conditions but still lost control because it was impossible to maintain control--that is, the snow, and not the tenant going too fast, must have caused the accident.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.