Premises Liability

Court Rejects Lawsuit Against Wal-Mart Over “Slip-and-Fall”

October 18, 2013 | Benjamin S. Persons, IV

In a typical premises liability lawsuit–such as a “slip-and-fall” case–the plaintiff must prove the property owner had “actual or constructive” knowledge of a hazardous condition on the property. But the property owner may attempt to defend itself by showing the plaintiff had “equal knowledge” of the hazard. If the plaintiff failed to exercise “ordinary care,” then the property owner won’t be held liable.

A recent Georgia Court of Appeals decision illustrates these principles. In Houston v. Wal-Mart Stores East, L.P., the plaintiff was shopping early one morning at a Wal-Mart in Clayton County. The plaintiff pushed a shopping car through the store’s meat department. He walked over some flattened cardboard boxes left on the floor by an employee. When he turned the cart around and walked over those same boxes a second time, he slipped on the boxes and fell to the ground.

The plaintiff sued Wal-Mart and two of its employees for damages related to injuries he suffered in the fall. During discovery, Wal-Mart produced security camera footage showing the plaintiff had crossed the cardboard boxes once without incident before falling the second time. The plaintiff conceded this point in his own deposition. Based on this, the trial judge concluded the plaintiff had “equal knowledge” of the hazard posed by the cardboard boxes and granted summary judgment to Wal-Mart and the two employees. The plaintiff appealed.

Georgia Appeals Court Holds Restaurant Not Responsible for Parking Lot Stabbing

September 5, 2013 | Benjamin S. Persons, IV

Is a restaurant liable when a customer is stabbed on its property? The Georgia Court of Appeals recently addressed this question and answered with a resounding “no.” A three-judge panel upheld a trial court’s decision awarding summary judgment to the restaurant.

The incident took place back in 2010. The victim was having dinner with his girlfriend and her family at a Mexican restaurant in Paulding County. At a nearby table, another customer–who had “consumed an unknown quantity of alcoholic beverages,” according to court records–began verbally harassing the group. The restaurant manager agreed to move the victim’s party to another table, but he declined to eject the drunken customer and, in fact, continued to serve him alcohol.

The customer continued to harass the victim’s group, at one point threatening a toddler. At this point, the restaurant manager asked the customer to leave. The manager later testified he was “a little afraid” of the customer but did not consider him an immediate threat to anyone in the restaurant.

Georgia Supreme Court Rules for Insurance Company In Long-Running Gas Explosion Case

July 5, 2013 | Benjamin S. Persons, IV

Insurance policies, such as those insuring commercial properties, usually contain a subrogation clause. In this context, subrogation means that when the insured suffers losses as the result of a third party’s conduct, the insurance company assumes the right to sue that third party for damages. Having paid the insured person’s claim, the insurance company then seeks compensation from the party who caused the claim to be paid in the first place.

But what happens when the insured party believes it has not been fully compensated for his or her loss? Must the insurance company “make whole” the insured before pursuing its own subrogation rights? This past May, the Georgia Supreme Court addressed that question and answered “no,” at least with respect to insurance policies covering commercial properties.

Justices Decline to “Invent a Right” To Be “Made Whole”

Georgia Supreme Court to Decide Property Owner’s Responsibility For Fatal Alligator Attack

October 25, 2011 | Benjamin S. Persons, IV

The Georgia Supreme Court has agreed to hear a case that tests the extent to which property owners are responsible for others injured by animals on their property.

The Homeowners Association of The Landings, a subdivision on Skidaway Island, just outside of Savannah, GA, is being sued in relation to the death of Gwyneth Williams. Williams, 83, was house sitting at her daughter’s home inside the Landings, and was attacked by an 8-foot alligator in October 2007. The alligator was later killed, and both Williams’ hands as well as one of her legs was found inside the stomach of the animal
In Georgia, the law normally protects property owners from lawsuits stemming from accidents caused by wild animals, but lawyers representing Williams’ family say this is a different situation. Attorney Michael Connor says that there nothing at all wild about the property in question, “It is a very contrived environment. There are 160 lagoons on the development. And all those lagoons are man made.”

Connor further explains, “The landings stocked the lagoons with the fish, which fed the alligators, and connected the waterways to create an “alligator superhighway.” He says the Landings, “Knew the alligators were dangerous,” and they have had prior reports of problems. Connor feels that the alligator could, and should have, been easily discovered and removed by a responsible maintenance program by the HOA of the Landings.