In May 2019, a state appellate court issued a written opinion in a Georgia slip-and-fall case discussing whether the plaintiff’s claim against a homeowner could proceed to trial based on circumstantial evidence of the homeowner’s negligence. Ultimately, the court concluded that because the defendant homeowner’s testimony directly contradicted the inferences the plaintiff asked the court to make, the plaintiff’s evidence was insufficient. Thus, the court dismissed the plaintiff’s case.
The court explained the facts as follows: the plaintiff was attending a friend’s birthday when she slipped and fell on an extension cord. Although the party was at the defendant’s home, the defendant was not present at the time of the plaintiff’s fall. Evidently, the defendant had allowed a friend to use his property to host the party, and the defendant was not involved in the planning or execution of the event.
The plaintiff based her case on a claim that the defendant was negligent in the upkeep of his home. Specifically, by allowing an extension cord to run down a set of outdoor steps, creating a hazard to guests. The defendant claimed that he did not place the cord along the steps and had no knowledge of who did. He admitted that he owned similar extension cords and that he was doing yard work earlier that day, but explained that the tools he was using in the yard were all gas-powered and none used an extension cord.