Yes, but only if you can prove the store knew about the hazard. Georgia doesn’t make a store pay just because you fell on its floor. You have to show the store knew, or should have known, about the danger and that it knew more about it than you did.
Key Takeaways
- Knowledge is everything. Your case turns on proving the store knew, or should have known, about the hazard that caused your fall.
- Your share of blame matters. Georgia reduces your award by your share of the fault. If that share is too large, you recover nothing.
- Deadlines are short. Georgia’s filing deadline runs from the day you fell. A spouse’s separate claim has its own, longer deadline.
- Evidence disappears. Surveillance video and other proof can be lost over time, so act quickly.
- Talk to a lawyer first. Before you give a recorded statement, sign a release, or accept an offer, speak with an Atlanta premises liability lawyer.
How Georgia Law Treats Grocery Store Falls
The Store’s Duty to Shoppers
Georgia law requires store owners to use ordinary care to keep their premises safe for customers. A store is not an insurer of your safety, though. It is responsible only when it fails to use reasonable care.
A shopper pushes a cart past a large floor spill in a grocery aisle
The Two-Part Test You Must Meet
Georgia’s Supreme Court uses a two-part test for slip-and-fall claims:
- The store knew or should have known about the hazard. Either an employee actually knew about it, or the store should have known. A store should have known if an employee was nearby and could easily have seen and removed the hazard, or if the hazard was there long enough that a reasonable inspection would have found it.
- You didn’t know about the hazard, despite using ordinary care. You don’t have to prove this point first. The store must show you were careless before this burden shifts to you.
Why “You Should Have Seen It” Is the Store’s Main Defense
Under Georgia’s equal knowledge rule, you can’t recover if you knew about the hazard as well as the store did. That is why stores so often argue you should have seen the spill. To counter that argument, prove the store’s superior knowledge.
What Causes Grocery Store Falls?
Common Hazards
- Water from produce and floral misters
- Leaking freezer and dairy cases
- Freshly mopped floors with no warning
- Spills and broken jars during restocking
- Wet or torn entrance mats
- Debris left in aisles
A Real Georgia Example
Georgia’s Court of Appeals let a jury infer that a grocery store should have known about a hazard: water in the floral area was a recurring problem, and the mats meant to catch it weren’t in place.
The Evidence That Wins These Cases
Strong evidence shows what the hazard was and how long it was there. It includes:
- Surveillance footage
- Inspection and sweep logs
- Incident or accident reports
- Witness statements
- Photos of the hazard and your injuries
- The shoes and clothing you were wearing
- Your medical records
For a deeper look, see our guide to winning your slip-and-fall case.
What You Can Recover
The Real Cost of a Fall
Falls were the most common cause of injury-related emergency room visits in the United States in 2017, accounting for more than 8.6 million visits. For an injured shopper, the ER visit is only the start. A fall can break bones, and a blow to the head can cause a concussion or another traumatic brain injury. Brain injury symptoms such as headaches, memory loss, and mood changes can be hard to recognize, which is one reason to see a doctor even when you feel fine.
Financial Losses
- Past and future medical expenses
- Lost wages
- Lost earning capacity
- Long-term care or rehabilitation
For falls, since Georgia’s tort reform law took effect, medical expenses are limited to the reasonable value of medically necessary care, as decided by the jury.
Personal Losses
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Permanent disability
Can You Get Punitive Damages?
Rarely. Punitive damages are an exception, not a standard part of a slip-and-fall claim. They exist to punish and deter, not to compensate you. Georgia courts have held that negligence, even gross negligence, is not enough to support them.
Punitive damages are available only because a specific statute in Georgia’s Official Code expressly authorizes them. Even then, they require clear and convincing evidence of conduct such as willful misconduct, malice, fraud, or a conscious indifference to the consequences. The code also generally limits the amount, with narrow exceptions.
What to Do Right After You Fall
- Report the fall to a manager and ask for a written accident report.
- Get medical care right away, even if the injury seems minor.
- Take photos of the hazard, the surrounding area, and your injuries.
- Get witness information from anyone who saw what happened.
- Keep your shoes and clothing from the day of the fall.
- Don’t sign anything from the store’s insurer. Signing paperwork or giving a statement can put your rights at risk, so have an attorney review it first.
Can Your Spouse File a Claim Too?
Yes. Georgia recognizes loss of consortium, a claim that belongs to the uninjured spouse for the harm the injury causes to the marriage. It is the spouse’s own claim, but it is closely tied to your case, and it has its own, longer filing deadline. Raise it with your attorney early.
Frequently Asked Questions
How long do I have to sue a grocery store after a fall?
Not long. Georgia’s deadline runs from the date of the fall, and missing it will almost certainly end your right to recover. Special rules can extend it for injured children. An attorney can confirm the exact deadline for your situation.
I wasn’t looking at the floor when I fell. Does that ruin my case?
Not automatically. Georgia’s Supreme Court has held that a shopper’s admission that she didn’t look where she stepped doesn’t, by itself, prove carelessness. The question is whether you acted as an ordinarily careful person would under the circumstances.
The store says it inspects its floors regularly. Can I still win?
Possibly. An inspection policy alone isn’t enough. Georgia courts look at whether the store actually followed its inspection procedures. Where a store had no evidence it carried them out, courts have refused to rule for it as a matter of law. On the other hand, an inspection only minutes before a fall has been enough to defeat a claim.
What if there was a wet-floor sign near where I fell?
A sign can work against you. In one Georgia case, a shopper who saw a wet-floor sign before falling lost because she knew about the hazard. But a warning isn’t a free pass. When a store voluntarily takes safety steps like frequent mopping, putting down mats, or posting warnings, it must carry them out with reasonable care.
I fell in the parking lot. Who is responsible?
It depends on who controls the lot. A store’s duty extends to the approaches to its entrance, generally the last few steps a shopper takes entering or exiting. In one case, a Georgia grocery store wasn’t liable for a parking lot fall because its landlord owned and maintained the lot. The claim may instead belong against the property owner.
What is my case worth?
There’s no set figure. Value depends on your medical costs, lost wages, how serious your injury is, and how clearly you can prove the store’s superior knowledge. A free case evaluation gives you a realistic range.
Do I have to pay anything to hire a lawyer?
Not up front. The Roth Firm works on a contingency fee basis, so you pay no attorney fees unless we recover compensation for you.
Why Work With The Roth Firm?
Since 2006, The Roth Firm has fought for injured people across Georgia from its Atlanta office on Powers Ferry Road. The firm handles premises liability claims, including injuries in retail stores, and has secured a $27 million wrongful death jury verdict. If you’re still recovering, our attorneys can meet you at home or in the hospital.
Georgia’s filing deadline doesn’t wait while you heal. Schedule a free, confidential consultation to talk through what happened.