Recently, a Georgia woman filed a lawsuit against a hotel after she sustained injuries when she slipped and fell on a wet sidewalk outside of the hotel. The hotel appealed after a trial court denied its motion for summary judgment. The appellate court was tasked with determining whether the plaintiff had superior knowledge of the hazardous condition and if she assumed the risk of the hazard.
According to the court’s opinion, the plaintiff and her grandchildren were staying at the hotel when they decided to go to the pool after dinner. After spending time at the pool, the plaintiff and her grandson decided to go back to their room. They took the same path to the hotel room that they had taken on their way to the pool. The woman’s grandson did not dry off and was walking in front of the plaintiff when the woman noticed that part of the sidewalk’s surface was peeling off. She warned her grandson to slow down, however, she ended up slipping and falling, resulting in serious injuries.
The woman filed a negligence lawsuit seeking to recover for the damages she suffered as a result of her fall. In support of her claim, she provided an expert affidavit, which stated that the defendant failed to maintain the sidewalk safely. The expert opined that the sidewalk’s deteriorated paint increased the likelihood that it would become slick and unsafe when it was wet.