When is a Georgia Store Owner Liable for a Rainy Day Slip-and-Fall Accident?

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Everyone understands that you need to be careful when walking in the rain. But just because it is raining outside, that does not automatically absolve store owners of their legal duty to keep their premises in reasonably safe condition for patrons and other invited guests. Put another way, while a store is not necessarily liable for injuries sustained by a customer who slips in a puddle of rainwater near the entrance, if there is evidence the entrance’s design is defective or hazardous, then the customer may have a claim for damages.

Hart v. Wal-Mart Stores East LP

Here is an illustration of this principle from an ongoing personal injury lawsuit from Columbus, Georgia. The plaintiff went to the local superstore to shop in its garden center. it was raining at the time. When the plaintiff stepped inside the store, he slipped and fell and sustained serious injuries.

The plaintiff subsequently sued the store for damages in federal court. The defendant moved for summary judgment, essentially arguing that it “took various precautions to remove rainwater and to warn customers that the floor might be wet.” In any event, the plaintiff clearly had equal knowledge of the hazard, i.e. the fact that it was raining and water could be tracked inside the store entrance.

The judge presiding over the case ruled summary judgment was inappropriate. There was a legitimate “factual dispute” for a jury to resolve regarding the design and construction of the store entrance itself. Specifically, the plaintiff offered expert testimony from an architect who said the defendant’s entrance “does not comply with minimum building code standards.” The expert said the entrance contains “uneven” floors and “non-uniform slip resistance in an area where wet conditions are expected.” In effect, this created what the plaintiff described as a “downhill slick floor” that caused him to slip and fall.

Under Georgia premises liability law, a defendant is responsible when it has “superior knowledge of a condition that may expose the invitee to an unreasonable risk of harm.” If the store’s entrance suffered from a design defect that made it more prone to slip-and-fall accidents during rainy conditions, the mere fact the plaintiff knew it was raining and he had to exercise general caution would not necessarily give him “equal” knowledge of the hazard. To the contrary, the judge noted it would constitute “evidence of negligent construction” for which the defendant had the superior knowledge.“

However, the judge did grant summary judgment to the defendant on one issue. The plaintiff’s lawsuit initially sought attorney’s fees and litigation expenses. As a general rule, Georgia law only allows a prevailing party to recover such costs if “the defendant has acted in bad faith, has been stubbornly litigious, or has caused the plaintiff unnecessary trouble and expense.” That was not the case here, the judge said, as even the plaintiff conceded in court “there is no evidence of bad faith” on the part of the defense.

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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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