Schroyer v. McNeal

592 A.2d 1119 · Court of Appeals of Maryland · 1991

Facts

Frances McNeal slipped and fell on an icy hotel parking lot owned by the Schroyers. She had observed the lot was covered in ice and snow, parked her car on it, and walked across it carefully to her room, then slipped on her return trip. The trial court found for McNeal, and the Court of Special Appeals affirmed, but did not specifically address assumption of risk.

Issue

Did McNeal, as a matter of law, assume the risk of injury by voluntarily traversing a known icy and snowy parking lot, thereby barring her recovery against the hotel owners?

Holding

Yes, the court held that McNeal assumed the risk of her injury as a matter of law. The judgment of the Court of Special Appeals was reversed, and the case remanded with directions to reverse the Circuit Court's judgment.

Rule

Assumption of risk implies an intentional exposure to a known danger and a voluntary choice to encounter it, superseding the defendant's duty of care. When it is clear that a person of normal intelligence must have understood the danger, the issue is for the court.

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Case brief last reviewed 2026-01-16. Prepared by CaseReader from the published opinion.