March 10, 2025
By: Kirby G. Mason
Slip and falls can lead to expensive costs for a business. While it may seem that businesses are held responsible for all unfortunate falls, a recent case demonstrates that businesses can take actions to reduce unfavorable outcomes.
In the case of Drossman v. Wal-Mart Stores East et al., Case No. A24A1720, the Georgia Court of Appeals affirmed summary judgment to Wal-Mart on the basis that Wal-Mart had no actual or constructive notice of the water on the floor that led to Drossman’s fall.
The fact that Wal-Mart knew of other leaks and used spill pads in other locations in the store did not mean that it had knowledge of the spill that caused this person’s fall.
Furthermore, the fact that Wal-Mart had employees who were stocking shelves 15 feet away did not establish that they knew of the spill in question, nor that they could have easily seen or corrected the hazard.
Most importantly, Wal-Mart was able to produce evidence that employees inspected the area within 3½ minutes before the fall and found no hazards. Where a business establishes and follows a reasonable inspection program and can demonstrate the area in question was checked and no hazard found within a reasonable time, and where no employee had actual knowledge of the hazard before the fall, the Business can prevail.
Takeaways for Businesses:
1. Train all employees to be on alert for hazards on the premises and to immediately remedy these when discovered.
2. Establish and implement a reasonable inspection program.
3. Document the name of the employee performing the inspection, the time of the inspection, the location of the inspection, and any findings of hazards and corrections made.
4. Upon notice of a fall, maintain all inspection documents and any video of the area.
Following these steps may help you prevail in a slip-and-fall claim due to a spill that you did not have a chance to correct.
For more information, please contact Kirby Mason (kmason@hutnermaclean.com) at HunterMaclean, or by phone at (912) 236-0261.
