Slipped on Black Ice. Can You Sue for your Injuries?

I slipped on the ice. Can I sue? Does it matter if it was "black ice"?

As discussed in other guides, Maryland employs the archaic doctrine of "contributory negligence" which bars any financial recovery to a Baltimore car accident victim if they bear even the slightest responsibility for contributing to their injury. Baltimore personal injury lawyers are often confronted with a similar, related defense, employed by insurance companies -"assumption of the risk".

"In Maryland, it is well settled that in order to establish the defense of assumption of risk, the defendant must show that the plaintiff: (1) had knowledge of the risk of the danger; (2) appreciated that risk: and (3) voluntarily confronted the risk of danger." Allen v. Marriott, 961 A.2d 1141, 183 Md. App. 460 (Md. App., 2008).

When dealing with falls in an icy parking lot, walkway, or sidewalk, in many instances "[t]he risk is that of slipping on ice. The required knowledge is not knowledge that ice is actually present. It is the appreciation of the reasonable likelihood that, under the weather Slipped on Black Ice. Can You Sue for your Injuries? - Attorney Blog Baltimore MD - Criminal Defense, Personal Injury Lawyer - Eric T. Kirk - serious_maryland_personal_injuryconditions and other circumstances, ice might well be present. The assumed risk is not that of stepping on ice per se. The assumed risk is that of stepping onto an unknown surface with an awareness that it might well be icy. With white ice, you see it is there. With black ice, you infer the likelihood that it may be there." Id. So, the question is not whether ice was present, but, rather, in light of the weather conditions, history, and other circumstances, ice might be present. "Either establishes the element of awareness." Id. If the plaintiff is aware of the danger, there is no recovery. If you've been injured in a fall on snow or ice, consult an experienced Baltimore personal injury attorney to explore any possible defenses the at-fault party may have.

If you've been injured, I'd be honored to personally meet with you to go through the specifics of your claim. This initial legal analysis and case opinion is a complimentary service I offer to my prospective clients. 

 
 

IF I HIRE A PERSONAL INJURY LAWYER DO I PAY ANYTHING UP FRONT?

Most personal injury lawyers, and this one is no exception, handle cases on what is called a contingency fee contract. Distilled to its most basic, this is often called a NO COSTS UNLESS WE WIN arrangement. It is probably fair to refer to it...

HOW MUCH ARE CAR ACCIDENT LAWYER’S FEES?

Attorney’s fees come in three variations. You may agree to hire a lawyer for a fixed or ‘flat’ fee. Under this arrangement, the lawyer agrees to accept a specific amount to handle a case for you. Criminal defense cases are...

IS IT A CRIME TO SPIT ON SOMEONE IN MARYLAND?

It the classic demonstration of contempt in countless movies - spitting in the face of one’s enemy. But in an age of  Ebola, Zika, West Nile, HIV and a generalized awareness of infectious, communicable disease, can such conduct be...

CAN I CARRY A CONCEALED WEAPON IN MARYLAND?

Maryland law defines a handgun as a pistol, revolver, or other firearm capable of being concealed on the person. A short-barreled shotgun and a short-barreled rifle are within the definition, while a shotgun, rifle, or antique firearm is not. A...

CAN I CARRY A STUN GUN OR TASER IN MARYLAND?

It depends on where you are. Maryland law allows you to possess a stun gun or taser under certain circumstances.  The law also provides that municipalities and local governments can enact more stringent rules should they chose to do so, and...

Reasons to Hire a Personal Injury Lawyer

As long as you’re alive you’re vulnerable to accidents. When this happens, you should consider filing a claim to get compensation for your injuries. Personal injury claims are meant to benefit anyone suffering from psychological or...

IS IT A CRIME IN MARYLAND TO BE A PEEPING TOM?

The answer is yes. It is a crime. Maryland law punishes the viewing of another in a dressing room or restroom at a retail store, by direct sight, or by using a camera, mirrors, or other surveillance device. You can go to jail for a 30 days, and be...

When Do I Need to Hire a Personal Injury Lawyer?

A personal injury lawyer is your advocate when an insurance company is denying you vital compensation due to an injury. When there are great losses at stake if you try to defend your claim alone, it is wise to hire a personal injury...

TOP FIVE QUESTIONS ABOUT DOG BITE CASES

As with some jurisdictions, Maryland law holds the owners of dogs that attack and injure others while running at large strictly responsible for those injuries. The animal’s owner is responsible for any injury or death caused by the dog while...

TOP THREE PEDESTRIAN ACCIDENT QUESTIONS

Determining liability in pedestrian vs. automobile accidents illustrates the strict and harsh nature of an ancient legal concept still employed by Maryland courts. The principle is called contributory negligence, and holds that an injured person...

FAQs Regarding Automobile Accident Insurance

Around this time of the year, many of my clients do some planning for the following year. I think it's generally a wise thing to do. One of the things I would encourage anyone to do is look at their insurance coverage. It's appropriate for...

WHAT IS THE STATUS OF MY PERSONAL INJURY CASE?

I’ve sometimes asked “what is the status of my case”, or “what's going on with my case”? These are legitimate questions, to be sure. Any represented person is entitled to reasonable updates, when new...

CAN I SUE MY EMPLOYER IF I AM HURT AT WORK?

I’d be safe in saying most people have a sense that when you sustain a personal injury at work you are entitled to collect workers’ compensation benefits. What is not a commonly understood it that an injured worker is typically not...