In winter we receive many phone calls from clients who have slipped and fallen on ice. Unfortunately, the Maryland Court of Appeals made these cases much more difficult to win in Maryland. Approximately two years ago, the Maryland Court of Appeals held that that an injured party cannot recover when he slips and falls on black ice if he knew that there could have been ice on the walkway. In other words, the Court basically said that if you go out when its cold and wet, you assume the risk of your injury, and cannot recover. This was a major change in the law. Previously, you had the right to rely on a landowner using reasonable care to clean their walkways and parking lots. For example, if you live in an apartment complex, and it appeared that your landlord had cleared the walkway, but negligently left an area of black ice, you would likely recover. Under the current case law, the Court would hold that since there could have been ice you cannot recover. Essentially, the Court has said that you can be a prisoner in your apartment complex, because if you go out and slip its your problem, not the apartment owner who should have cleared the walk. These cases are still viable in Virginia and the District of Columbia.