You can bring an Atlanta premises liability lawsuit against a homeowner or property owner or property manager that negligently fails to keep the property reasonably safe for a patron, customer, tenant or another invitee. In a recent slip and fall case, a defendant property management company appealed the denial of its summary judgment motion. The case arose when a woman and her daughter took a car to an area of their apartment complex. They were going to vacuum the car. The woman stepped out and went onto a landscaped area that had embedded rocks around the vacuum. When she tried to grab the vacuum, she fell and was hurt.
She sued the property management company on the grounds that she’d slipped on a foreign substance. The defense attorney asked her about what had caused her to fall and what caused her foot to slip. She testified she didn’t know. However, when her attorney asked her why she thought she fell, she answered that the rocks were very slippery. There wasn’t any water on the rocks, and she didn’t see any liquid on the ground.
The management company asked for summary judgment on the grounds that there wasn’t any evidence of a dangerous condition. The lower court denied the motion on the basis that there was proof from which the jury would be able to determine the rocks were slippery because of the water from car wash facility. The lower court asked for immediate review. The court granted interlocutory review.