Many more slip and fall cases are being litigated in Georgia state courts and a great deal of them end up in the appellate courts after appeals of summary judgment motions are either granted (i.e., the case is disposed of by the trial court on motion by the defendants and the plaintiff appeals the award of summary judgment) or denied (i.e., the defendant files a motion for summary judgment which is denied by the trial court and the defendant appeals the denial of its summary judgment motion).
As the Georgia Court of Appeals has stated in past opinions, “premises liability lies at the intersection of tort law and property law. To recover on a theory of premises liability, a plaintiff [the injured person] must show injury caused by a hazard that on an owner or occupier of land’s premises or approaches that the owner or occupier should have removed in the exercise of ordinary care for the safety of the invited public.”
We refer to these types of cases as Georgia Public Premises Liability Injuries. The law governing injuries that occur in public locations is governed by, among other statutes, O.C.G.A. § 51-3-1 (“Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon [the] premises for any lawful purpose, he [or she] is liable in damages to such persons for injuries caused by his [or her] failure to exercise ordinary care in keeping the premises and approaches safe.”).