Earlier this year, a state appellate court issued a decision in a Georgia premises liability case that arose out of a slip-and-fall accident that took place inside the defendant grocery store. The court was presented with the question as to whether the plaintiff presented sufficient evidence that the defendant grocery store was aware of the hazard or should have been aware of the hazard that caused the plaintiff’s fall.
According to the court’s written opinion, while the plaintiff was shopping at the defendant grocery store, he slipped in a puddle of liquid and fell to the ground. The plaintiff claimed that he did not see the puddle before stepping in it. As a result of the slip-and-fall accident, the plaintiff injured his shoulder and head, and later filed a premises liability lawsuit against the grocery store.
At trial, surveillance video was presented, showing a store employee walking by the area of the spill moments before the plaintiff’s fall. The employee did not stop to clean up the spill and by all indications did not see the spill. The defense also presented evidence of the store’s safety inspection plan. Apparently, store employees were responsible for sweeping and mopping the floors four times a day. Before beginning these routine sweeps, the employee was to input a code into the store’s computer system, logging in the sweep.