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Summary Judgment for International Retailer in Premises Liability Case

July 30, 2018 BY DEF Admin

Lisa N. Higgins of Drew Eckl & Farnham in Brunswick recently obtained summary judgment on behalf of an international retailer in a premises liability case.  Judge Randy Hall of the Southern District of Georgia, Statesboro Division, held that in order to establish constructive knowledge, Plaintiff needed not only to show that Defendant failed to implement or follow a reasonable inspection procedure but also that the hazard was on the ground long enough that it could have been discovered had Defendant exercised reasonable care in inspecting the premises.  Plaintiff failed to do so as there was no genuine issue of material fact as to how long the hazard was on the floor – for less than a minute. Therefore Plaintiff could not, as a matter of law, demonstrate that even if Defendant had a reasonable inspection procedure, they would have discovered the hazard before Plaintiff fell.  The Court awarded judgment in favor of the Defendant on all of Plaintiff’s claims.