A fall in a shop where nothing was posted
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed October 27, 2024
Legal Inquiry
Consumer Legal Issue
I fell inside a convenience store and badly bruised my leg. There were no warning signs posted.
Attorney Answer
In Georgia a shop is not responsible for every fall — the question is what it knew about the hazard and what you could have seen.
O.C.G.A. § 51-3-1 states the duty:
Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.
Two words carry it. Ordinary care is not strict liability — a business is not responsible for every fall on its floor. And approaches reaches the walkway and the parking area, not only the building itself.
The absence of a warning sign matters, but not on its own. A Georgia premises case usually turns on whether the business knew or should have known about the hazard, and whether the customer could have avoided it with ordinary care. A sign is one way a business discharges the duty; the lack of one is evidence, not an answer.
What usually decides these cases is how long the hazard was there. A spill present for an hour with staff walking past is a very different case from one that occurred moments before.
What you can do
1. Report the fall to the store and ask for an incident report, then ask for a copy. 2. Photograph the spot, the floor and the surrounding area before it is cleaned or changed. 3. Ask the manager, in writing, to preserve the CCTV — most systems overwrite within days. 4. Get medical attention and keep every record, even if the injury seems minor. 5. Note the names of any staff or witnesses present.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Is a store automatically liable when a customer falls?
No. O.C.G.A. § 51-3-1 requires ordinary care in keeping the premises and approaches safe, which is not strict liability. The case usually turns on what the business knew or should have known about the hazard.
Does 'premises' include the car park?
The statute covers the premises and the approaches, which reaches walkways and parking areas rather than only the inside of the building.
Why does CCTV matter so much after a fall?
Because it shows how long the hazard was present, which is often the decisive fact. Most systems overwrite within days, so a written preservation request made quickly is the practical step.