Kroger in Slip and Fall Case in Fulton County, Georgia
Man Prevails Against Kroger in Slip and Fall Case in Fulton County, Georgia
A 52-year old man sustained serious injuries when he slipped and fell in a Kroger store in Fulton County, Georgia. Prior to the man’s fall, some yogurt had spilled onto the aisle. Kroger employees failed to clean the yogurt in a timely manner. Security cameras captured a store employee passing by the spill several times and failed to clean it up or leave a “Wet Floor” sign to warn shoppers of the hazard. As the man was shopping, he slipped on the yogurt and fell, which caused a serious shoulder injury. In doing so, he tore his rotator cuff. He underwent two surgeries and his medical bills amounted to roughly $58,000. The slip and fall case went to trial, and the man was awarded $400,000 by a Fulton County jury.
The Elements of a Slip and Fall Case in Georgia
Slip and fall cases are categorized under the umbrella of premises liability claims. In these cases, individuals and business owners have a duty to keep their premises safe and free of hazards for visitors. If property owners fail to keep their premises safe, they may be found negligent and therefore liable for a visitor’s injuries.
Property owners may be held liable for a visitor’s injuries when:
- They knew or should have known of a hazardous condition. In this case, Kroger should have known about the spilled yogurt. A significant period of time had passed between the spill and the fall, and store cameras showed that an employee had passed by the spill several times.
- They failed to remove, minimize, or warn others of the hazard. In the Kroger case, an employee passed by the spilled yogurt multiple times but failed to clean it up or put a sign out that warned customers of the slippery floor. If the spill had occurred only five minutes before the call, the store would have been able to argue that it did not have enough time to discover the hazard.
- Due to the failure to remove, minimize, or warn others of the hazard, someone suffered injuries. In the Georgia case, the man was seriously injured when the yogurt was not cleaned in a timely manner. His injuries were directly related to the spilled yogurt, and it was argued that Kroger had notice of the spill and had failed to clean it up.
All of these elements must be present for a slip and fall injury case to proceed in court. Property owners will present a number of defenses as well, attempting to assign at least some blame to the victim. Although it is important to watch out for spills and other hazards, sometimes it is difficult or even impossible to see a hazard before it is too late.
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