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My daughter suffered a fall when she walked across an icy patch of walkway leading to her hair salon shop. The Store owner said she should have seen the ice. Is the shop owner right?

Published February 12, 2018 by Bruce Millar

Georgia Law of Slip and Fall Explained: It’s been said that slip and fall claims are hard to win under Georgia law. Property owners defend against claims by contending that, despite their negligence, the slip and fall victim could have avoided or prevented their injury by exercising “ordinary care” to avoid the hazard that caused the incident. However, the law is clear that “ordinary care” does not mean “extreme care.” A person should not be barred from recovery simply because they did not constantly keep scanning the ground, looking for any possible hazard. Also, the law imposes a duty on property owners to make sure they continue to make reasonable inspections of their premises to discover possible dangerous existing conditions and take action and precautions to protect their guests, or invitees, from these conditions.  A shop owner may, therefore defend, him or herself if the customer should have seen and avoided the hazard, such as ice.  On the other hand, if the condition was unexpected (like a water leak that froze) and the owner failed to exercise ordinary care to keep the area clear of hidden hazards, like frozen water on a cold clear morning, the customer may win.  O.C.G.A. 51-3-1 (Georgia law containing the duty of merchant or owner or occupier to keep premises safe for business invitees).

A premises liability cases can be tricky to win. Insurance companies sometimes (often) fight hard to dispute these cases. Let our skilled premises liability slip and fall attorneys at The Millar Law Firm in Atlanta, Georgia work hard to make sure you receive the compensation you deserve.

Our slip and trip and fall personal injury attorneys represent clients across the entire Atlanta area and all over Georgia.  Feel free to contact us online or call for a free case review to find out how much your case might be worth today.

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