When someone is injured on the property of a commercial business, such as a grocery store, the injured party may pursue a claim for compensation against the owner of the property by filing a Georgia premises liability case. To succeed in a Georgia slip-and-fall case, an injury victim must be able to establish, among other things, that the defendant landowner had either actual or constructive knowledge of the hazard.
In cases where a landowner had actual knowledge of a hazard, establishing this knowledge is typically straightforward. However, in the majority of Georgia slip-and-fall cases, the defendant landowner disclaims any knowledge of the hazard. In these situations, the plaintiff must show that the landowner had constructive knowledge. Constructive knowledge is a legal concept in which a court attributes the knowledge of certain facts to a party based on the surrounding circumstances. In Georgia slip-and-fall cases, a plaintiff can prove constructive knowledge by showing that either:
- the landowner or an employee was in the area of the hazard but failed to clean it up; or
- the hazard was present for a sufficient time that the landowner should have discovered its existence through reasonable inspection procedures.