Is a Georgia Store Owner Liable for Customers Injured in the Parking Lot?

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It is well understood that in Georgia, a store owner is liable for injuries caused by hazardous conditions on store premises. But what exactly do we mean by “premises”? For instance, if you are walking down the aisle of a supermarket and slip on a puddle of water, there is no question that you are on the store owner’s premises. But suppose your slip-and-fall occurred in the parking lot adjacent to the store? Is the store owner still legally responsible?

Boyd v. Big Lots Stores, Inc.

A July 31 decision by the Georgia Court of Appeals helps explain how the law works in this area. This case involved a personal injury claim brought against a well-known national retailer. The plaintiff was shopping at one of the defendant’s stores, which is located in a larger retail shopping center. As the plaintiff exited the store and headed for her car, she slipped and fell in the parking lot. She suffered injuries as a result of the fall and sued the store owner for damages.

The defendant said it was not liable for injuries sustained in the store’s parking lot. The defendant noted it did not lease the parking lot, which was a common area owned by the shopping center. Indeed, the plaintiff herself did not dispute this.

But the plaintiff pointed to Georgia statutory law and a 1993 decision by the Supreme Court of Georgia, Motel Properties v. Miller, which holds that a store owner is responsible for injuries sustained on an “approach to the premises.” The Motel Properties court said this meant any property “directly contiguous, adjacent to, and touching those entryways to premises under the control of an owner or occupier” that induced someone to “come upon his premises for any lawful purpose.”

In the present case, however, the Georgia Court of Appeals noted the plaintiff “departed on foot from the store premises, walked across a sidewalk in front of the store, and continued walking away from the store into the common area parking lot”–at least 45 feet from the store’s entrance–before she slipped and fell. Under these circumstances, she was no longer “on a continuous approach to the store premises.”

The Court of Appeals also rejected the plaintiff’s argument that the defendant voluntarily “undertook a duty” to maintain the parking lot. In support of this point, the plaintiff cited the testimony of a store manager, who said that his “personal belief or practice” was to “temporarily” address a parking lot hazard until someone from the shopping center “could get there.” For example, the manager did clean up the spot where the plaintiff fell in the parking lot. But this did not mean the defendant had “extended an approach to the premises” to cover the parking lot, according to the Court of Appeals. Indeed, there was no evidence the defendant itself had any formal policies in place regarding the parking lot.

For these reasons, among others, the Court of Appeals affirmed a trial court’s previous decision to grant summary judgment to the defendant, thereby dismissing the plaintiff’s lawsuit.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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