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Slip and Falls on "Black Ice"

If you slip and fall on snow or ice (even black ice), and you are injured, you can sue the property owner for your injuries.

In New York, the property owner, or the person or company in possession or control of the property, can be held liable for slip and falls on snow and ice when it (1) created the dangerous condition, or (2) had actual notice of the condition, or (3) should have known about the dangerous condition because it was visible and apparent and had existed long enough to be discovered and remedied (called "constructive notice").

This is true even for slip and falls on "black ice", which by definition is more or less invisible. 

Most slip and fall cases turn on the third theory, constructive notice. How can a property owner be held liable for slip and falls on black ice, which is invisible, yet the dangerous condition is supposed to be "visible and apparent"? 

That's what the insurance defense firms like to argue, anyway. The trend is for courts to leave that question to juries, which is the correct approach. For instance, in a recent case, a New York appeals court held that it was up to a jury to decide if the property owner or managing agent knew or should have known about the black ice the plaintiff slipped and fell on in the parking lot of a townhouse complex. 
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