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Georgia Slip-and-Fall Plaintiff’s Case Dismissed Based on Defendant’s Lack of Knowledge of the Hazardous Condition Causing Plaintiff’s Fall

Earlier last month, the Georgia Court of Appeals issued a written opinion in a premises liability case brought by a woman who slipped and fell in the defendant’s grocery store. In the case, Youngblood v. All American Quality Foods, the court ultimately determined that there was insufficient evidence showing that the defendant grocery store knew of the dangerous condition causing Youngblood’s fall. The court also held that, even if the defendant did have actual knowledge of the hazardous condition, store employees took reasonable care in tending to it.

Wet FloorThe Facts

Youngblood was shopping at the defendant grocery store when she slipped in a puddle of water in the beverage aisle. There was no evidence indicating where the puddle of water came from, and Youngblood testified that she did not see the puddle before stepping in it. At some point around the same time as Youngblood’s fall, another customer told the store’s management that there was a spill in the beverage aisle. It was not established whether this was before or after Youngblood’s fall. However, by the time a store employee arrived at the spill with cleaning supplies, Youngblood had already fallen.

As a result of her fall, Youngblood sustained injuries and filed a personal injury lawsuit against the store. The store argued that there was no proof that it had knowledge of the spill prior to Youngblood’s fall, and even if the other customer did alert management to the spill moments before the fall, the employees acted in a reasonable manner in tending to the spill.

The Court’s Decision

The trial court granted the store’s motion for summary judgment, based on the fact that store employees did not possess knowledge of the fall and therefore were not negligent in failing to clean it up. Not satisfied with the result at trial, Youngblood appealed.

The appellate court agreed with the lower court and affirmed the decision below. The court explained that there was insufficient evidence in the record to show that the store employees had constructive knowledge of the spill, and even if they did possess actual knowledge of the spill, their response satisfied the duty owed to Youngblood. The court explained that there was evidence that employees did perform a routine check of the area 20 minutes before, and there was no spill. Furthermore, there was no evidence that the store employees waited to attend to the spill once they were made aware of it. As a result of the court’s decision, Youngblood will not be permitted to seek compensation for her injuries.

Have You Been Injured in a Georgia Slip-and-Fall Accident?

If you or a loved one has recently been injured on the property of another party, you may be entitled to monetary compensation through a Georgia slip-and-fall lawsuit. The skilled attorneys at Miller Legal Services have decades of collective experience representing clients in all kinds of personal injury cases, including those arising out of slip-and-falls and other forms of premises liability. Call 770-284-3727 to set up a free consultation with an experienced personal injury attorney today.

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