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Liability for Shopper's Slip-and-Fall Depends on All Circumstances
Description Shopper in grocery store slipped, fell, and suffered injury. Her suit against the store was dismissed because she admitted she did not look at the site on which she placed her foot. Modifying Georgia law, the supreme court held that the courts must review all circumstances to determine responsibility.
Topic Torts
Key Words Negligence, Duty of Care
C A S E   S U M M A R Y
Facts "Invitee Henrietta Robinson sustained an injury to her knee in a Kroger supermarket when she slipped on a foreign substance on the store's floor and fell. The trial court granted summary judgment to Kroger in Mrs. Robinson's negligence action against the store, and the Court of Appeals affirmed, ruling that the proximate cause for Mrs. Robinson's fall was her failure to exercise ordinary care for her personal safety. We granted certiorari to examine 'the proper standard for determining whether the plaintiff in a 'slip and fall' premises liability case has exercised ordinary care sufficient to prevail against a motion for summary judgment.'"
Decision An invitee's failure to exercise ordinary care for personal safety is not established as a matter of law by admission that she did not look at the place on the floor on which she placed her foot when she slipped. The issue is whether under all the circumstances the invitee exercised the prudence that an ordinarily careful person would use in a like situation. It is relevant to consider if the store owner created distractions that may reduce the likelihood of shoppers looking for hazards.
Citation Robinson v. Kroger Co., ---S.E.2d--- (1997 WL 742314, Sup. Ct., Ga.)
493 S.E.2d 403 (Sup. Ct., Ga., 1997)

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