Wellsv.Khan Shell, LLC
Tara Wells tripped in a gas-station parking lot after leaving a funeral, later pointing to holes and uneven concrete seams as the cause of her fall. The question was whether Khan Shell had superior knowledge of a hazardous condition or whether the condition was an open and obvious static defect that Wells could have avoided by exercising ordinary care. The Court of Appeals of Georgia affirmed summary judgment for the station owner. It held that the uneven pavement was a static condition, that nothing obstructed Wells's view, and that Wells herself admitted the condition was easy to see once she looked. Because Georgia premises-liability law does not allow recovery where the invitee had equal knowledge of an open and obvious condition, her claim failed.
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