All American Quality Foods, Inc. D/B/A Food Depot, Inc.v.Thera Smith
Thera Smith slipped on liquid in a Food Depot store and injured her knee. Security video showed children carrying open drink containers in the aisle shortly before Smith fell, and an employee reported seeing the children running with the containers. The trial court denied Food Depot’s motion for summary judgment on whether the store had actual or constructive knowledge of the hazard and whether the spill was foreseeable. The Court of Appeals reversed. It held that the timing and video evidence did not create a genuine issue sufficient to keep the premises-liability claim alive because Smith could not show that Food Depot had the required knowledge of the liquid before the fall. The court applied Georgia’s rule that a proprietor is not liable merely because a customer fell; the plaintiff must show both the proprietor’s superior knowledge and a reasonable opportunity to discover and correct the hazard. The judgment was reversed. Two judges concurred.
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