A delivery driver brought a claim against a gas station after he was hit by another car while he was at the gas station. The driver had come to the station to deliver gasoline and was measuring the station’s gas levels when a customer’s car backed into him. He then brought a premises liability claim against the station.
In the recent case, a Georgia appeals court considered whether the station could be held liable for having created a hazard that increased the driver’s risk of injury. The delivery driver had come to the station to deliver gasoline, and after filling out forms and making the delivery, he went to measure the station’s gasoline tank levels. He was required to do this both before and after delivering the gas. When he went to measure the tank levels after the delivery, he brought an orange traffic cone with him and placed it in the tank area. The tank area was located in the parking spaces near the front of the store. The driver was measuring the tank level when he dropped a tank cap into the tank well. As he got onto his hands and knees to retrieve it, another car backed into him, injuring him.