In a recent Georgia appellate case, the plaintiff sued the defendant for damages after slipping and falling in the chain restaurant that he owned and operated. He moved for summary judgment under OCGA § 9-11-56, which was granted.
The case arose when the plaintiff went to the defendant’s restaurant for dinner in 2013. She ate and then went to the restroom, where she used the handicap stall. She used it and stayed in the stall for 5-10 minutes before leaving. After two steps, she fell and twisted her ankle and hurt her back. She testified at deposition that she’d slipped on water, but she also testified there wasn’t water on the floor when she went into the restroom and went into the bathroom stall.
The appellate court explained that simply falling wasn’t enough to hold a property owner liable. Instead, to show liability in a premises liability claim, the plaintiff needs to demonstrate superior knowledge by the property owner or occupier. This superior knowledge can be actual or constructive. In this case, the plaintiff didn’t claim that the defendant had actual knowledge of the water on the floor but only that there were factual questions about whether the restaurant owner had constructive knowledge.