Slip And Falls On The Ice And Snow: Parking Lots, Sidewalks, And Apartment Buildings?
A "premises liability case" is the more formal name, both within the legal industry and outside it, for what most people call "slip and falls". Not surprisingly, there is a rash of personal injuries resulting from falls on ice in the winter, generally, and specifically after major many weather events. Personal injuries in these cases can be significant. Broken bones, missed time from work, and big medical bills are not at all uncommon. Some of the more devastating injuries I've dealt with over the years have resulted from a fall on the ice. While in the overwhelming numbers of these cases the nature, extent and severity of the injury is not disputed......
liability, or responsibility for the injury, is usually hotly contested by the insurance company.
Maryland law, through the application of contributory negligence principles, is already unfavorable to injured Plaintiffs. This is perhaps even more true in the case of a fall on icy property. Another, similar, but separate doctrine, assumption of the risk, is often brought into the mix by an insurance company looking for reasons to deny claims. Can the owner, or person responsible for maintaining property, be liable to another when ice caused the fall? The, answer, like most, depends. There are some general rules governing the responsibility of landowners, generally, and some particular to the presence of ice and snow. We’ll discuss each in separate guides.
-This Article was updated by Eric Kirk on 6/24/20.