What happens if you slip and fall on black ice in Maryland?Written by ruxandra
Black ice, otherwise known as invisible ice is a particular phenomenon that occurs during winter when the temperatures are very low. This type of ice cannot be distinguished from the surface of the black road, sidewalk or parking lot, making it very easy for people to slip and fall on black ice in Maryland. As winter approaches many people fall victims to this type of accident that can have severe repercussions such as brain injuries, broken limbs and so on.
What is the difference between visible and black ice?
As the name suggests it, visible ice can be noticed and avoided. If you have suffered a slip-and-fall injury on ice in Annapolis, you may not have a case if we are talking about visible ice. The defense will most probably claim it was an assumption of risk on your part and the case may be dismissed.
But if we are talking about black ice, things change. Any personal injury lawyer from Maryland remembers very well the times when the MD laws did not favor the plaintiff at all. In 2008, a law that included black ice in the assumption of risk was adopted. This meant that nobody who had suffered a slip-and-fall injury on ice in Annapolis or anywhere else in Maryland had a valid claim, regardless if it was visible or invisible ice that caused the accident. The Court simply decided back then that you should have known about the possibility of black ice and many personal injury cases were dismissed.
Thankfully, the law changed again in 2011 and victims of black ice were again able to sue if they truly didn’t know about the condition. This law is still applied today so, to sum it up, you have a case only if your slip-and-fall injury on ice in Annapolis or MD was caused by the black ice phenomenon.
How will your Annapolis injury lawyer prepare your case?
If you have suffered a slip-and-fall injury caused by invisible ice and have decided to sue, be prepared to answer a lot of questions about your accident. As the law states, you only have a valid claim if you didn’t know about the ice. Most likely, the defense will base their strategy on the assumption of risk or contributory negligence. But they will have to prove that you knew about the ice in order to use the assumption of risk strategy or that you have, somehow, contributed to your accident (again, they will have to prove it).
Your Annapolis injury attorney will focus on the owner of the property where you suffered your slip-and-fall injury. They will investigate if the owner had prepared for the weather condition and had tried to eliminate the hazard on their property by using effective chemicals to melt the ice. As ice can be the result of a leaking gutter, your personal injury lawyer from Maryland will also investigate if the owner knew about the problem that could cause ice and failed to act upon it. If your injury happened on public premises, then the municipality may be at fault.
For more information about black ice and slip-and-fall claims, contact the best Annapolis injury lawyer at (443) 569-3950 or by email at [email protected]. You will receive a free consultation on your case from the most experienced Annapolis injury attorney who will let you know how strong your claim is.