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Georgia Law of Trip and Fall – Premises Liability: My elderly father tripped over a metal rake that had been left in a golf course fairway and broke his hip. Can he hold the golf course owner responsible for his injury?

Published February 12, 2018 by Bruce Millar

Georgia Law of Trip and Fall and Premises Liability: In the state of Georgia, the owner or occupier of property is charged with exercising (has a duty to exercise) “ordinary care” to keep their premises safe from hazards. The party’s superior knowledge of hazards you might encounter serves as the basis for liability. So, to prevail in a trip or slip and fall claim, you need to produce evidence that the owner or occupier (1) had knew about (actual knowledge) or should have known about (constructive knowledge) of the danger or the hazard that caused your slip, trip and fall and (2) that knowledge was greater than any knowledge you might have had (or reasonably could have had) of the hazard. Here, for instance, a golf course owner likely would have greater knowledge that a rake had been left on the course than a player would.  You must also prove that your father (or any other trip and fall victim) was exercising ordinary care for his own safety – if he should ordinarily have seen the rake and not stepped on it, he may well lose this case.  See O.C.G.A. 51-3-1 for more information.

Most Georgia trip and fall and/or slip and fall cases involve unique facts and should be carefully investigated.  Insurance companies rarely settle these claims without first contesting them.  We recommend that you consult with an experienced and aggressive slip and fall attorney (at The Millar Law Firm we have handled several hundred of these cases) or you run the risk of getting a run-around or low-ball settlement offer from the insurance adjuster, who may well try to blame the victim for his own injury.

Call or email us today.  All consultations are free.

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