Georgia slip and fall cases are all about knowledge. To win one of these cases, the store has to know more about the spill than you do, either because it has been there for a while or because they had employees in the area. The corollary is, if you have reason to know about it, you cannot blame them when you fall. Therefore, one of the most challenging issues plaintiffs in Georgia slip-and-fall cases encounter is the burden to establish that the defendant’s knowledge of the hazard that caused the plaintiff’s injuries was greater than their own. A recent appellate decision issued by the Court of Appeals of Georgia illustrates the difficulties a plaintiff may face when attempting to establish not only a defendant’s knowledge of the hazard, but also their own lack of knowledge.
The plaintiff was running an errand for her employer, which required her to pick up an item at the defendant’s shop. It was a cold day, and when she arrived, she noticed that there was a patch of partially frozen water at the base of the steps leading up to the front door of the shop. Upon closer inspection, the plaintiff realized that the water was coming from a spigot that had been left open so that it would not freeze in the cold weather.
The plaintiff made her way around the ice and up the stairs into the shop, where she encountered an employee. She notified the employee of the ice, and he suggested she leave out of a different door. However, the employee told the plaintiff not to let anyone else know he had given her permission to exit through the alternate door, because it could get him fired.