Atlanta Injury Attorney Blog

Recently, the Court of Appeals of Georgia issued an opinion in a case concerning a ridiculous plaintiff’s personal injury lawsuit against a university. This student sued Valdosta State claiming that by putting here in the top bunk, they were responsible when she got drunk and fell out of bed months later!

The record indicates that the plaintiff moved into a dorm room that contained two lofted beds. The plaintiff wanted the bed in the lower position, but her roommate had already chosen that bed. The plaintiff submitted a request to the housing department to have her bed lowered; however, the request was never fulfilled. As a result, the plaintiff had to step on a desk to reach the top of her bed.

On the night of the accident, the plaintiff attended a Halloween party and consumed a few beers throughout the party. When she returned to her dorm room, she got into her bed. The last thing she remembers is falling out of her bed and blacking out. The incident resulted in serious injuries requiring surgery and a stay in the intensive care unit. The plaintiff had to withdraw from the university and could not continue her studies because of cognitive difficulties related to injuries she sustained from the fall.

Georgia slip and fall law is anchored by the idea that legal blame rests on the owner of the property or creator of the spill only if the faller does not have knowledge or warning of the hazard. The Court of Appeals of Georgia recently issued an opinion in a premises liability lawsuit stemming from a slip and

fall accident at an airport. The plaintiff, a general manager at a stand at the Atlanta airport, stepped off an escalator and slipped on a puddle of water. The woman landed on her side, hit her head, and lost consciousness. After regaining consciousness, she realized her clothes were wet but did not recall seeing the wet floor where she fell. As a result of the fall, she suffered serious injuries to her neck, spinal cord, and vision. A supervisor inspected the area and did not see any water, but he did notice three wet floor signs and that proved the undoing of the case

The woman filed a negligence lawsuit against the independent contractor responsible for servicing the area. She argued that the defendant had superior knowledge of the hazard and had the duty to warn the plaintiff of the hazard. She claimed that the defendant breached their duty and failed to exercise ordinary care. The defendant moved for summary judgment, arguing that the plaintiff had equal knowledge of the hazard. The trial court granted the defendant’s motion saying that once the wet floor signs are put up, the plaintiff has equal knowledge that the floor is wet.

A recent appeals case involving a store employee who was shot when he challenged a potential car thief in a parking lot illustrates the challenges that each fact pattern can represent. The opinion involving a Georgia premises liability claim stemming from a tragic murder at the grocery store.

According to the court’s opinion, a grocery store employee drove to work in his truck and parked it in the store’s parking lot. At work, he was assigned to clean debris from the store’s property. While he was working, the employee saw a car park next to the employee’s work truck. An individual exited the vehicle and approached the employee’s truck suspiciously. The employee and his co-worker ran towards the truck and approached the car. When the employee approached the window, a man shot and killed him.

The employee’s surviving spouse (the plaintiff) filed a lawsuit against the grocery store, claiming the store’s negligence was responsible for her husband’s death. Specifically, the plaintiff’s claim alleged that the store was negligent in failing to maintain, inspect, and manage the premises. Further, she contended that the grocery store was negligent in failing to warn and remediate a long history of crime at the property.

Can you sue a hotel for a slip and fall at the pool? The Court of Appeals in Georgia recently issued an opinion in a slip and fall lawsuit against a hotel that sheds some light on what facts support a valid lawsuit against the hotel.

According to the court’s opinion, the plaintiff suffered serious injuries after falling on a wet sidewalk near the hotel’s pool. Evidently, on the evening of the incident, the woman and her grandchildren were leaving the pool when she noticed that the hotel’s sidewalk was shiny and looked “slick.” Her grandson was walking in front of her, still wet from the pool, and she warned him to slow down. However, shortly after warning her grandson, she slipped on the wet sidewalk and fell.

The heart of the claim for why the hotel was responsible and not the grandma is that the paint on the sidewalk had deteriorated to the point that it no longer had “grip” and was slippery instead. In support of her claim, the plaintiff presented an expert witness affidavit, stating that, in the expert’s opinion, the hotel failed to maintain the sidewalk in a safe condition. The affidavit indicated that the deteriorating sidewalk paint was hazardous, especially when it became wet.