By Representative Provost of Somerville and Senator Jehlen, joint petition (accompanied by bill, 1987) of Denise Provost and David B. Sullivan relative to liability for the removal of snow and ice from property. Municipalities and Regional Government.

The Commonwealth of Massachusetts

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PETITION OF:

Denise Provost

David B. Sullivan

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In the Year Two Thousand and Seven.

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An Act relative to snow and ice removal.

    Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

Chapter 85 is hereby amended by inserting after Section 5 the following sections:

SECTION 5A. The general court determines that it is undesirable for any person to be found liable for damages due to his or her efforts in the removal of snow or ice from such sidewalks, except for acts which amount to clear wrongdoing, as described in Chapter 85, Section 5B.

SECTION 5B. Any owner, lessor, occupant or other person in charge of any residential property, or any agent of or other person engaged by any such party, who removes or attempts to remove snow or ice from sidewalks abutting the property shall not be liable for any personal injuries allegedly caused by the snowy or icy condition of the sidewalk resulting from his or her acts or omissions unless the alleged misconduct was gross negligence.