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SUPREME JUDICIAL COURT ABOLISHES THE NATURAL ACCUMULATION OF SNOW AND ICE DEFENSE IN LANDMARK DECISION
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The Massachusetts Supreme Judicial Court drastically changed premises liability law in the Commonwealth with the issuance of its July 26, 2010 decision in the case of Papadopoulos v. Target Corporation. The Papadopoulous decision abolishes the long standing law in Massachusetts that landowners are not liable for injuries on their premises caused by natural accumulations of snow and ice. By abolishing the natural accumulation defense, the Supreme Judicial Court has, in essence, made property owners guarantors of the safety of all individuals on their property.
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REBA'S UNAUTHROIZED PRACTICE OF LAW CASE HEADING TO THE SJC |
In welcome news for REBA members and lawyers across Massachusetts, the First Circuit yesterday reversed the US District Court's decision against REBA, setting aside a $1M award of fees and certifying the case to the SJC to determine whether NREIS is engaged in the illegal practice of law.
"We are pleased that the Court recognized some of the flaws and inconsistencies in the lower court's reasoning," said REBA President and MEEB's own Tom Moriarty. "We look forward to the opportunity to make our case at the SJC."
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EPA ANNOUNCES THAT IT WILL POSTPONE ENFORCEMENT OF VIOLATIONS BY CONTRACTORS OR RRP LEAD PAINT RULE OF TRAINING AND CERTIFICATION REQUIREMENTS
On June 18, 2010, the EPA announced that they would not commence enforcing the Renovation, Repair, and Painting Rule (RRP Rule) until October 1, 2010. The RRP Rule took effect on April 22, 2010. It requires contractors to obtain certification for both their business and for employees who will be supervising work and use lead-safe work practices when performing work on pre-1978 residential housing or space rented by child-care facilities. (See 40 C.F.R. §745.80 et seq.).
Due to difficulties for contractors in complying with the new rule by applying for and completing the training requirements, the EPA is granting additional time for contractors and their employees to get the required certification. Workers will have until September 30, 2010 to enroll in a certified renovator class and must complete the training by December 31, 2010.
However, the EPA is not waiving the requirements of the RRP Rule for contractors to use the lead-safe work practices that came into effect on April 22, 2010. The waiver of enforcements applies only to training and certification requirements. Firms that are workings on pre-1978 residential housing or space rented by child-care facilities should continue to comply with the lead-safe work practices.
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