It is a tough lesson to learn but in Georgia you don’t have a claim for a slip and fall if there are wet floor signs and you still slip and fall. Remember the law does not require stores to be perfect, you just have to give customers a head’s up when there is a hazard like a wet floor. The Court of Appeal recently reaffirmed that when the ruled on a fall at Home Depot. Recently, a state appellate court issued a written opinion in a Georgia slip-and-fall case discussing the state’s distraction doctrine. Ultimately, the court rejected the plaintiff’s claim against the defendant hardware store because the plaintiff failed to notice a hazard that the court determined to be open and obvious.
In Georgia personal injury lawsuits, the plaintiff must prove that the defendant had superior knowledge of the hazard that caused the plaintiff’s injury. This requires the court to determine each party’s relative awareness of the hazard. A plaintiff, however, cannot benefit from exercising ordinary care while on another’s property. Thus, if a hazard is open and obvious and the plaintiff fails to notice it, the plaintiff may be precluded from pursuing a claim against the landowner.
The Facts of the Case
According to the court’s recitation of the facts of the case, the plaintiff was a customer at the defendant hardware store. The plaintiff entered the garden section of the store, and approached an employee to ask where a specific part was located. The employee instructed the plaintiff to follow him, and headed off toward the aisle where the part was located. The plaintiff stepped immediately behind the employee and began to follow him. After a few steps, the plaintiff slipped on pavement that was wet due to the recent watering of the store’s plants. It was undisputed that there were “Caution: Wet Floor” signs in the area.