Earlier this month, a Georgia appellate court issued a written opinion in a premises liability lawsuit brought by a woman who slipped and fell after using the restroom in a fast-food restaurant. Ultimately, the court concluded that the plaintiff failed to establish that the fast-food restaurant had superior knowledge of the dangerous condition that allegedly caused the plaintiff’s fall. As a result, the plaintiff’s case was dismissed.
The Facts of the Case
The plaintiff dined at the defendant restaurant and then went to use the restroom. In a pre-trial deposition, the plaintiff explained that she entered the restroom and proceeded directly to the handicap stall. She did not see any water on the floor as she entered the stall. After about five or ten minutes, the plaintiff exited the stall, took about two steps, and then fell backwards. She had slipped after stepping in a puddle of water. The plaintiff sustained serious injuries as a result of her fall and filed a premises liability lawsuit against the restaurant.
In a pre-trial motion for summary judgment, the restaurant argued that the plaintiff’s case was insufficient as a matter of law because she failed to prove a required element of a Georgia premises liability lawsuit. Specifically, the restaurant argued that the plaintiff failed to show that the restaurant had superior knowledge of the hazard.