A plaintiff’s own knowledge of a dangerous condition on someone else’s property in Atlanta can affect the outcome of a premises liability case. In a recent Georgia appellate case, the plaintiff appealed from a lower court’s granting of summary judgment to a store and the store’s manager. She had sued the store and the manager after tripping and falling over a raised metal part of a cart corral in the parking lot.
The case arose when the plaintiff was leaving the store and putting her groceries in the car. She pushed her cart to the corral and, while leaving it, caught her foot in the crossbar of the corral, resulting in her falling and breaking her arm. The crossbar usually lies flat on the asphalt, but it was raised on one side at about 1 1/8 inches because a delivery truck had once hit the corral.
After the fall, she was certain she’d tripped on the raised portion of the crossbar because she felt her foot catch, and when she looked back, she saw the raised portion of the crossbar. The plaintiff sued the store and the store manager, claiming they knew about the state of the corral and negligently failed to maintain it or warn her about the hazardous condition. The defendants moved for summary judgment, claiming that the state of the corral was an open and obvious condition. They also argued that she’d successfully gone through the air before she later tripped and that she hadn’t used reasonable care.