Posted On: December 11, 2008 by Ronald V. Miller, Jr.

Attention Maryland Lawyers Handling Snow and Ice Slip and Fall Cases (Assuming There Are Any Left)

On Monday, the Maryland Court of Special Appeals decided Allen v. Marriott Worldwide Corporation, a Montgomery County slip and fall on ice case. The case sends a clear message to Maryland slip and fall lawyers: most ice slip and fall cases will not get to a jury.

This is just a small step forward – the court eradicates a potential factual distinction between black ice that cannot be seen by the naked eye and white ice. But after Morgan State University v. Walker, it is hard to expect a good slip and fall opinion from Maryland’s appellate courts absent compelling circumstance where the injury victim really had no choice – defined nearly literally – but to be where he or she was at the time of the fall.

You can find the opinion here.

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