When a plaintiff sues a defendant about a hazardous condition, he or she must allege that the defendant had knowledge of the condition and failed to address it or failed to warn others. Likewise, the plaintiff must also show that he or she did not have full knowledge of the danger before encountering it. While defendants may be held liable for injuries that occur on their property due to dangers of which they were aware, but a plaintiff was not, they usually cannot be held liable for injuries when a plaintiff knows of a dangerous condition and proceeds anyway. A recent case before the Georgia Court of Appeals looks at when a plaintiff has such “superior or equal” knowledge to that of a defendant.
In Travis v. Quiktrip Corporation, Travis was a truck driver employed by Petroleum Transport Company. He delivered gas to gas stations around the country. In 2011, he was delivering gas to QuikTrip Corporation, at a station managed by Lloyd Thompson. While delivering the gas, he was hit by another driver and suffered serious injuries. He sued the driver, Thompson, and QuikTrip for his injuries. Travis quickly settled with the driver but maintained premises liability claims against Thompson and QuikTrip. He argued that the gasoline delivery process at QuikTrip was unnecessarily dangerous, since it often required drivers to kneel down in the middle of traffic at the station in order to measure gas tank levels. Drivers had repeatedly reported these dangers to QuikTrip, but it did nothing to address them.