Slip and fall litigation in Georgia often turns on the question of whether a dangerous condition was created by a property owner, or whether the property owner knew or should have known about the dangerous condition and made appropriate repairs or offered warnings.
In a recent Georgia appellate decision, a plaintiff slipped and fell while getting out of his car at a gas station. He sued the owner of the gas station. The lower court granted the owner’s summary judgment motion, determining there wasn’t any evidence of a dangerous condition at the gas station and deciding he wasn’t entitled to a spoliation presumption based on the owner’s inability to produce a surveillance recording of the gas station on the day of the fall.
The evidence showed it rained on the day of the fall. At the time he fell, however, the rain had stopped. The plaintiff went with his wife and pulled up next to a gas station pump. He didn’t observe any liquid on the concrete, but when he got out of his car, he slipped on what he believed was a wet, slippery foreign substance. Afterward, his clothes were wet. He couldn’t figure out the nature of the substance that made his clothes wet and didn’t look at the ground to figure out what triggered the fall. Neither did his wife.