Many slip and fall accidents happen because of something on the floor that shouldn’t be there—like water, spilled drinks, food, ice, or debris. Georgia law calls these “foreign substance” or “foreign object” cases and there are specific laws that govern these cases. This page explains how those claims work and what you have to prove.
What Counts as a Slip and Fall Hazard in Georgia?
A foreign substance or foreign object is essentially anything that doesn’t belong on the floor or property of a business. Here are examples from Georgia cases:
- water or other liquids in the aisle of a grocery store
- a spilled drink or grease on the floor of a restaurant
- a puddle of gas in the parking lot of a gas station
- snow or ice in the parking lot or entryway to a pharmacy
- food such as blueberries, strawberries, a broken egg or even a banana peel on the floor of a grocery store
- an extension cord running across an area where people usually walk
When Is a Business Responsible for a Slip and Fall in Georgia?
In the 1980 case of Alterman Foods, Inc. v. Ligon, the Georgia Supreme Court established this test to hold a business responsible for your slip and fall:
- the business had actual or constructive knowledge of the hazard; and
- the injured person lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of the owner/occupier.
In plain English, this means:
- The business knew or should have known about the object or substance that caused your fall; and
- You didn’t know about the object or substance that caused your fall despite being careful
How do you prove the business knew about the hazard?
To prove the business knew about the substance or object that caused your fall, you have to show:
- An employee caused the spill or left an object on the floor;
- An employee knew about the spill or object and didn’t clean it up.
For example, if surveillance video shows that a store employee mopped the floor without putting up a Wet Floor sign or spilled a drink on the floor without cleaning it up, the law says the store has knowledge of the liquid on the floor because its employee is responsible for it. Or if an employee knows about a spill but doesn’t clean it up, the law also says that the store has knowledge of the spill because its employee knew about it but didn’t do anything.
How do you prove the business should have known about what caused your fall?
A business has “constructive knowledge” of a hazard when it should have known about it. To prove constructive knowledge, you must show:
- An employee was near the object or liquid and could have seen it and cleaned it up
- The object or liquid was on the floor long enough that it should have been discovered
- The business did not have an inspection routine or did not follow it
How often do businesses have to inspect their property for hazards?
Georgia courts have ruled that if a business inspected shortly before the fall happened and did not find a hazard, the business did not have constructive knowledge of the hazard.
In the 2017 case of Ingles Markets, Inc. v. Rhodes, the Court of Appeals ruled that “[i]n cases where a proprietor has shown that an inspection occurred within a brief period prior to an invitee’s fall, we have held that the inspection procedure was adequate as a matter of law. Generally, inspections conducted 15 minutes prior to a fall meet this standard.” The Court of Appeals further ruled that “a [business] is under no duty to patrol the premises continuously in the absence of facts showing that the premises are unusually dangerous.”
In plain English, this means that businesses do not have a responsibility to constantly inspect their property. If a business can prove that it inspected its property 15 minutes before a fall and did not find a hazard, it will usually win the case.
What Does “Ordinary Care” Mean in a Georgia Slip and Fall Case?
In the 1997 case Robinson v. Kroger Co., the Georgia Supreme Court defined ordinary care in a slip and fall case as “whether, taking into account all the circumstances existing at the time and place of the fall, the invitee exercised the prudence the ordinarily careful person would use in a like situation.”
Here are factors the courts and juries may take into account in determining whether an injured person used ordinary care:
- whether the hazard was visible or covered up
- whether there were any warning signs
- whether the person was distracted, such as using their cell phone
Businesses often ask the court to rule in their favor and dismiss the case by filing what is called a motion for summary judgment. In the Robinson case, the Georgia Supreme Court also ruled that summary judgment is not appropriate in most slip and fall cases “only where the evidence is plain, palpable and undisputable” and “where reasonable minds can differ” summary judgment should not be granted.
Frequently Asked Questions About Slip and Fall Cases in Georgia
What happens if I slip on water in a store in Georgia?
If you slip on water or another substance in a store, the key issue is whether the business knew or should have known about the hazard and failed to fix it. You also have to show that you did not know about the hazard despite using ordinary care, i.e., being careful. Simply slipping and falling does not automatically make the business responsible.
Is a business automatically responsible for a wet floor accident?
No. A business is not automatically responsible just because someone slipped and fell. Under Georgia law, you must prove that the business had actual or constructive knowledge of the hazard and that you did not have equal knowledge of it. Both parts of that test must be satisfied.
What if there WAS a wet floor sign?
In most cases, putting out a wet floor sign means that the business has warned you of a slip hazard and it will usually win the case. To win, you will have to argue the wet floor sign was not visible or positioned correctly.
What if there WAS NOT a wet floor sign?
The absence of a warning sign can be important, but it does not automatically establish liability. You still have to prove that the business knew or should have known about the hazard. However, if an employee created the hazard—such as mopping without placing warning signs—that can be evidence that the business had actual knowledge.
How long does a spill have to be on the floor before a business is responsible?
There is no fixed time requirement. The longer the hazard was there, the stronger your case. The shorter the hazard was there, the stronger the business’ case. Courts look at whether the spill was present long enough that the business should have discovered and cleaned it up through reasonable inspection procedures. In many cases, the focus is on the adequacy and timing of the business’s inspections rather than a specific number of minutes.
Can I recover if I didn’t see the hazard before I fell?
Possibly. The question is whether you exercised ordinary care for your own safety. If the hazard was not easily visible or was obscured, that may support your claim. If the hazard was open and obvious, the business may argue that you had equal knowledge and could have avoided it.
What if I was distracted when I fell?
Distraction can affect whether you are considered to have used ordinary care. Courts may look at whether the distraction was reasonable under the circumstances. Not every distraction will prevent recovery, but it can become an issue in the case.
What evidence is important in a Georgia slip and fall case?
Common types of evidence include surveillance video, incident reports, witness statements, photographs of the scene, and records of the business’s inspection procedures. These can help establish how long the hazard existed and whether the business had an opportunity to discover and fix it.