Trip and fall injuries are usually caused by objects like stairs, curbs, and uneven sidewalks or ramps. Georgia law calls these “static defects” or “static hazards,” and there are specific laws that govern these sorts of cases. Here’s an overview of Georgia law for trip and fall cases involving static defects and common defenses to these cases.
What Is A Static Defect?
A static defect or static hazard is an object that has been there a long time and does not change. Georgia courts have ruled that a static defect is “one that does not change. Such a condition is not dangerous unless someone fails to observe it and steps into it.” For example, a pothole in a parking lot is a static defect or hazard because it’s been there a long time and doesn’t change; a spilled drink in a grocery store aisle is not.
Here are some common examples of static defects/hazards:
- cracks in a sidewalk
- potholes and uneven pavement in a parking lot
- curbs
- stairs
- ramps
- decks
How Do You Prove Responsibility For Your Trip And Fall?
As with any trip and fall or slip and fall case, to hold a business or property owner responsible for your injury, you have to prove:
- the business or property owner knew about the hazard or defect that caused your injury
- You did not know about the hazard or defect despite using ordinary care for your own safety (that’s legalese for “being careful”)
Read more about the law of slip and fall and trip and fall cases here.
Defenses to Static Defect Trip and Fall Cases
Two common defenses that must be overcome in many trip and fall cases are the “prior traverse” rule and the “open and obvious” rule.
Prior Traverse Rule
Under Georgia’s “prior traverse” rule, if you have walked through an area before, you’re presumed to be aware of any hazards or dangers in the area and cannot recover for injuries caused by those hazards or dangers. So if you’ve walked through a parking lot, up a ramp, or down a staircase, you’re presumed to have knowledge of any hazards and dangers and cannot recover for injuries caused by them. Here are two examples that will help explain the prior traverse law:
Example 1: Pothole In A Parking Lot
Tom goes to breakfast at a local restaurant. He walks through the parking lot, which is full of cracks and potholes, and steps over one of the potholes on his way into the restaurant. On his way out, he’s not paying attention, and he trips and falls in that same pothole. Because Tom stepped over that pothole on the way in, he has knowledge of it and cannot recover for his injuries.
Example 2: Stairs In A Restaurant
Sam and his family go to a restaurant, and the hostess walks him to his table, which involves walking up two stairs to get to the dining area. Dinner takes two hours and when the family gets up to leave, Sam forgets about the stairs and trips and fall down them. Because Sam walked up the stairs, he has knowledge of them and cannot recover for his injuries.
Exceptions To The Prior Traverse Rule
The prior traverse rule does not prevent a recovery in every trip and fall case involving a static defect. Obviously, if you’ve never walked over the hazard or defect that causes your injury, the prior traverse rule does not apply to your case. Other exceptions are:
- You are not aware of the specific hazard or danger that causes your injury
- You can’t easily see the hazard or danger
The prior traverse rule requires that you be aware of the specific hazard or danger that causes your injury for the prior traverse rule to apply. Let’s use the parking lot example above. Tom knows that the restaurant parking lot has potholes and broken concrete. One day the restaurant is busy and he parks in the back of the parking lot, where he’s never parked before, and trips and falls over some broken concrete that he did not know was there. Because Tom has never walked through that area of the parking lot and did not know of the broken concrete that caused his fall, the prior traverse rule does not apply to his case.
The law also provides an exception to the prior traverse rule where you can’t easily see the hazard or danger that causes your injury. Let’s take the stairs in the restaurant example above. At the top of the second stair is a lip that sticks up an inch. Sam happened to step over it on his way up and wasn’t able to see it as he was approaching the stairs because the lighting in the restaurant was dim. Because Sam wasn’t able to easily see the hazard that caused him to trip, the prior traverse rule doesn’t apply.
The Open and Obvious Rule
The open and obvious rule says that if a hazard or danger is out in plain view with nothing preventing you from seeing it, you cannot recover for any injuries caused by it. Exceptions to this rule are:
- The hazard or danger is covered or hard to see
- You are looking somewhere else and don’t see the hazard or danger, also known as the “distraction doctrine.”
Let’s use the two examples above to show how the open and obvious rule works.
Example 1: Pothole In A Parking Lot
It’s night, the parking lot isn’t well-lit, and the darkness makes it difficult to see the potholes and broken pavement. In the daytime, everyone would be able to see the potholes but it’s more difficult at night. Tom is being careful and looking where he’s going, but he’s not able to see a small pothole and steps into it, causing him to trip and fall. Because the darkness made it hard to see the pothole, the open and obvious rule would not apply.
Example 2: Stairs In A Restaurant
The restaurant is well-lit, and Sam would be able to easily see the one-inch lip at the top of the second stair. As he approaches the stairs, the hostess hands him several menus. Or he picks up his young son to carry him up the stairs. This momentarily distracts Sam, and he doesn’t see the lip and trips and falls. Because Sam was distracted and didn’t see the hazard, the open and obvious rule doesn’t apply to his case