What happens if I fail to give notice to the owner of the property in a slip and fall accident on snow and ice?
Failure to give notice to the owner of property for injury or damage sustained by reason of snow and ice is not a defense unless the owner can show he was prejudiced thereby. (M.G.L. c. 84, 18, 20)
You can help to minimize any alleged prejudice of the property owner by properly documenting the condition which caused your fall by taking photos immediately after your fall or as soon as possible, by obtaining the name and address of any witnesses, and by providing copies of the photos and witness information to the property owner.