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 most ice slip and fall cases will not get to a jury. [2013 Update: The court changes this law.]

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.

Posted in:
  • Hat tip to your partner for that verdict in AA County. That’s quite a judgment especially if it was mainly for pain and suffering (you don’t say if there was any serious claim for past and future economic loss, or permanency as a result of the injury). I’m also guessing that the jury was really angry at somebody — either the defendant or the defendant’s lawyer.

    Yes, slip and fall cases are tough “sledding” for plaintiffs. As you say, most of them result in verdicts for defendants, and that doesn’t count the majority of cases where defendants win on motion. I prepared every slip and fall case I had with an eye to a motion for summary judgment — there were so many avenues to pursue depending on the facts, i.e. contrib., assump. of risk, no notice, ownership, joint-tortfeasor, etc.

Contact Information