Ooh Baby It’s Cold Outside: Slipping And Falling On Ice

The National Weather Service reported that the January 25 storm brought about 8.5 inches of snow and ice to Pasadena and 11.1 inches to Glen Burnie. What has been remarkable is the cold weather that has followed, keeping that snow and ice around for longer than usual and turning some of it into what feels like cement when one is trying to shovel a path. Usually, Maryland returns to warmer weather, and the snow melts in a few days. Currently, however, we are skating over the layer of ice covering the snow!

If you are injured by slipping and falling on snow or ice, you must prove that the owner was under a duty to protect you from injury, that that duty was breached, that you suffered an injury, and that your injury was the direct and proximate result of the owner’s breach of that duty.

Property owners, both homeowners and businesses, have a duty to exercise ordinary care to maintain their property in a reasonably safe condition for visitors, customers and invitees, although the level of duty varies depending on your status on the property. A landlord, for example, has a duty to provide his or her tenants with a reasonably safe means of passage to and from their homes.

This duty includes shoveling snow and spreading salt to melt ice in areas where people might legally be walking on the property. One must show that the property owner had actual or constructive knowledge of the dangerous condition and sufficient time to remove it or warn invitees about it.

However, if you observe the dangerous condition yourself (for example, the snow or ice on a surface), but you choose to walk on the surface anyway, you may not recover if you fall. This is because of the doctrine of “assumption of risk,” which is an affirmative defense. Essentially, if you voluntarily and intentionally walk on a surface that you know and understand has a risk of danger, you have assumed the risk of falling.

Falling on “black ice” is an interesting area of developing law. A recent but unreported Maryland case from 2021, Avissar v. Westlake Terrace Condo., discussed a condominium owner’s liability to a tenant who slipped on black ice on a sidewalk outside the condominium. The case turned on whether the owner had constructive notice of the dangerous condition.

The court determined that the plaintiff had presented evidence that the area had a particular grading, which created a drainage pattern. Along with the common knowledge that snow was likely to melt during the day and freeze in the evening, the appeals court held that there was a triable dispute of fact regarding the owner’s notice of the dangerous condition and sent the case back to the trial court.

In a more recent and unreported Maryland case from 2025, Flood v. FSK Land Corp., it was held that the plaintiff had not presented any evidence showing that the owner of the land had actual or constructive notice of the black ice that caused her fall

If you or a loved one experience a personal injury, you will have questions. You should consult with an attorney who is familiar with this area of the law and who will assist you in making informed decisions. David Diggs is an experienced personal injury lawyer, recognized as a leader in the area. If you need further information regarding this subject, contact the Law Office of David V. Diggs LLC, located at 8684 Veterans Highway, Suite 302, in Millersville. Call 410-244-1189, visit www.diggslaw.com, or email david@diggslaw.com.

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