How is liability determined in a Georgia slip and fall case?

Georgia slip and fall cases fall under premises liability law (O.C.G.A. § 51-3-1). To hold a property owner liable, the injured person generally must prove:

• The owner had actual or constructive knowledge of the hazardous condition (a wet floor, broken step, icy walkway, etc.).
• The injured person lacked equal or superior knowledge of the hazard.
• The hazard caused the injury and resulting damages.

Georgia courts apply a “superior knowledge” standard that can be challenging for plaintiffs. Insurance companies frequently argue that the hazard was “open and obvious.” Evidence critical to these cases includes incident reports, surveillance video, maintenance logs, prior complaint records, and timely inspection of the scene.