Winter storms turn sidewalks, parking lots, and steps across Maryland into hazards, from Annapolis and Glen Burnie to Baltimore, Columbia, and Frederick. A fall on ice can cause fractures, head injuries, and months of lost work. This article explains when a property owner answers for an ice fall and what an injured person should do.
Maryland law requires owners and occupants to use reasonable care to keep their premises safe for invited guests and customers. That duty includes clearing or treating snow and ice within a reasonable time after a storm ends, and warning visitors about hazards the owner cannot yet correct. Landlords generally hold the same duty for common walkways, steps, and parking areas they control.
Many Maryland jurisdictions add their own sidewalk rules. Baltimore City and Montgomery County, for example, set deadlines for clearing sidewalks after snow stops falling, and other counties and towns have similar ordinances. A violation does not automatically prove negligence, but it can serve as evidence that the owner failed to act reasonably.
Owners often argue that the storm was still in progress, so no reasonable person could have cleared the ice yet. They also argue contributory negligence or assumption of the risk, claiming the injured person saw the ice and chose to walk on it. Black ice cases turn on whether the owner knew or should have known of a hazard that the visitor could not see.
A claim usually depends on showing that the owner knew of the ice or that it existed long enough for a reasonable owner to find it. Weather records, the time the precipitation stopped, refreezing from melting snow piles, and leaking gutters or downspouts can all show notice. Prior complaints and maintenance logs help as well.
Get medical care promptly, since head and back injuries may not show symptoms at once. Photograph the ice, the surrounding area, and your shoes before conditions change, and note the date and time. Report the fall in writing to the owner or manager, and collect the names of witnesses.
Under Courts and Judicial Proceedings Article Section 5-101, a person must file most Maryland injury claims within three years. A fall on a public sidewalk or government property usually requires written notice within one year under the Local Government Tort Claims Act or the Maryland Tort Claims Act. Ice evidence melts quickly, so act early.
Christopher L. Beard, an Annapolis attorney, represents people injured in falls in Anne Arundel County, Baltimore City, Baltimore County, Howard County, Prince George's County, and throughout Maryland. To discuss an ice fall, e-mail chris@attorneybeard.com or call (410) 267-0227. You can also read our article on Maryland slip and fall laws.
