GEORGIA COURT OF APPEALS RULES PLAINTIFF MUST DO MORE THAN SPECULATE AS TO CAUSE OF A SLIP AND FALL
Posted by Wm. Daniel Floyd
Jean Benton slipped and fell at the Southeast Georgia Medical Center after leaving her Doctor’s appointment. The accident occurred in the lobby of the Medical Center. She stated it was only at the time of her fall that she felt the floor was slick. As a result of her slip and fall, she suffered a serious injury to her right shoulder.
The issue in this case was whether the Medical Center failed to protect Ms. Benton from a dangerous condition. A business owner has a statutory duty to protect its invitees or guests from dangerous conditions by keeping its building or land in a reasonably safe condition. In this case, like other slip and fall cases, Ms. Benton, as the invitee, had the burden to show that a dangerous condition existed and what that condition was which caused her to fall. The Medical Center moved for summary judgment, arguing that Ms. Benton failed to provide evidence showing that her injury was a result of a dangerous condition. The trial court denied the motion and the medical center appealed to the Georgia Court of Appeals. Glynn-Brunswick Mem’l Hosp. Auth. v. Benton, 2010 Ga. App. LEXIS 344; 2010 Fulton County D. Rep. 1222 (2010).
