On March 12, 2019, a state appellate court issued a written opinion in a Georgia slip-and-fall case discussing whether the plaintiff’s claim against a security company was properly dismissed at the summary judgment stage. Ultimately, the court concluded that the property owner had a non-delegable duty to ensure the safety of its guests, and as a result, the defendants did not owe the plaintiff a duty of care. Thus, the court affirmed the dismissal of the plaintiff’s case.
According to the court’s opinion, the plaintiff and her spouse visited AmericasMart in downtown Atlanta to pick up a gift for a friend. The couple obtained their security badges without issue, but as the plaintiff walked through the security checkpoint, she tripped on a rubber mat that was under a table where the security officer sat. The plaintiff seriously injured her hip, requiring surgery and subsequent physical therapy. At the time, a security guard who was employed by a company that was contracted to provide security to AmericasMart.
The plaintiff filed a premises liability lawsuit against AmericasMart, the security company, as well as the security officer. The security company and the officer moved for summary judgment, claiming that they were not owners or occupiers of the area where the plaintiff fell, and that they owed her no duty of care. The trial court agreed with the defendants and granted their motion for summary judgment. The plaintiff filed an appeal.