TT&H Attorney Brandon C. James Wins Defense Verdict Following a Bench Trial in Premises Liability Matter

On July 8, 2022, in the District Court for Baltimore County, Brandon James won a defense verdict in a slip and fall premises liability action.  The Plaintiff claimed that upon leaving his apartment building at 6:45 a.m., he slipped and fell down the apartment building steps due to icy conditions.  Plaintiff alleged the apartment building owners were negligent for failing to warn or remove the dangerous condition.

During the bench trial, Brandon was able to establish that: (1) on the day of the alleged occurrence, it did not snow; (2) hours after the alleged incident, the apartment building steps were free of ice; and (3) Plaintiff failed to seek medical treatment until some ten hours after the alleged occurrence.  Brandon also established that the apartment building owners removed all snow from the premises two days prior to the alleged occurrence and applied ice melting products to the apartment building steps to prevent icy conditions.

The Court found that the apartment building owners were not negligent because they had no notice of a dangerous condition at the apartment complex.  The Court commended Brandon’s clients for their diligent recordkeeping, which illustrated when snow removal was completed at the apartment building.  Given the due diligence of the apartment building owners, along with Plaintiff’s inability to establish the notice element, the Court returned a verdict for the defense.

Questions about this case can be directed to Brandon James at (443) 641-0567 or bjames@tthlaw.com.