by Steven D. Silverman
In the 2008 case of Allen v. Marriott, the Court of Special Appeals came down with a frigid decision for plaintiffs who are injured when falling on black ice. The Court of Appeals denied cert. which means the case is the current law in Maryland.
The facts of Allen v. Marriott are as follows:
David Allen and his wife were guests of a Marriott hotel from Feb. 3 -5. On the morning of Feb. 5, the parties checked out of the hotel. Mrs. Allen went to the hotel’s parking lot to retrieve their car, while Mr. Allen was checking out. She drove the car close to the front entrance of the hotel. Mr. Allen walked out of the main entrance, and then proceeded to walk along the (salted) sidewalk toward their vehicle. As Mr. Allen stepped off of the curb, pulling a wheelie suitcase, he slipped and fell on what turned out to be unseen “black ice.”
The issue the presented to the Court was whether a reasonable person under an objective standard, knowing what the Plaintiff knew, would have been aware of the risk and therefore assumed the risk.
…
The Court’s Holding:
The Plaintiff assumed the risk when he voluntarily ventured away from the main entrance and into the parking lot, because objectively, a reasonable person appreciates the likelihood that, under these weather conditions and other circumstances, ice might be present, even though it is not visible.
As a result, the Plaintiff is completely barred from making any recovery. Unfortunately, many Marylanders are seriously injured when falling on ice. This case makes a recovery very difficult and further demonstrates the necessity for victims to hire a lawyer who understands the law, the issues, and comes up with a well thought-out path to recovery at the onset of the case.
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https://www.marylandaccidentattorneyblog.com/2010/02/slip_and_falls_on_ice_in_maryl.htmloldId.20100625125503492
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