Schroyer v. McNeal
592 A.2d 1119 · Court of Appeals of Maryland · 1991
Facts
Frances C. McNeal sued the Schroyers, owners of a Holiday Inn, after she slipped and fell on an icy and snowy parking lot, breaking her ankle. McNeal had observed the uncleared, slippery conditions of the parking lot and sidewalk, but chose to park and traverse the area to access her room. A jury found for McNeal, and the intermediate appellate court affirmed, but did not specifically address the defense of assumption of risk.
Issue
Did the plaintiff, Frances C. McNeal, assume the risk of her injury as a matter of law when she voluntarily chose to traverse a known icy and snowy parking lot and sidewalk?
Holding
Yes, the court held that McNeal assumed the risk of her injury as a matter of law, reversing the judgment of the Court of Special Appeals. Her full awareness of the dangerous conditions and voluntary decision to encounter them relieved the defendants of responsibility.
Rule
Assumption of the risk implies an intentional exposure to a known danger, requiring knowledge and appreciation of the risk and a voluntary choice to encounter it. When it is clear that a person of normal intelligence must have understood the danger, the issue can be decided by the court as a matter of law.
Read the full opinion on CourtListener
Case brief last reviewed . Prepared by CaseReader from the published opinion.