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If someone gets injured on my business premises, am I liable?

Atlanta, GA |

I have a retail grocery store in Georgia that I started 3 months ago. Recently, while a customer was reaching for a glass jar of jelly, it fell on top of the customer's foot. The customer is suing my business for an injury to his toes. Is my business liable for his medical bills?

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Attorney Answers 4


  1. Only the trier of fact ( judge or jury) can definitively answer that for you after hearing all the evidence, much of which you don't even know yet. You'll find out more during what's known as the discovery period of litigation. At any rate, it doesn't sound like you or your employees had superior knowledge of a defect or hazard on the premises of which you and your employees failed to warn the plaintiff, which is the legal basis for premises liability in Georgia. It sounds like the plaintiff was negligent in dropping the jar. Hopefully you had liability coverage in place at the time and have reported the situation to the insurance company. If you had coverage but have not reported it to the insurer you should do so immediately.


  2. Possibly.

    The good news - unless you did something very foolish and started a business without a large premises liability policy (and every business MUST have that), you simply call your insurer (you should have done that already!). If there is a valid claim or lawsuit is won, they not only pay, but they pay the enormous defense costs.

    If you were completely foolish and failed to do so, I suggest (1) LOCK YOUR DOORS AND SHUT YOUR BUSINESS DOWN UNTIL YOU BUY A MINIMUM ONE MILLION DOLLAR PREMISES LIABILITY POLICY - larger is better. You cannot afford the risk not to have this!, and (2) Pay a lawyer to respond to the suit. You will have a large cost to do this, but you must. The large cost would be due to your negligence in not having insurance. Remember that your anser must be filed within 30 days.

    If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.


  3. Premises liability claims in Georgia are based upon the comparative knowledge of a dangerous condition between the property owner and the guest. Generally speaking, if one of your patrons is injured on your premises, the question that must be answered is: did the property owner know, or should have known, of a dangerous condition which led to the injury of a patron? If so, the property owner may be liable. Property owners may be able to provide a defense where they can show the patron's knowledge of the condition was equal to their own, or where the patron failed to reasonably watch out for their own safety.

    As others have suggested, you should report this to your insurer if you have not already and let your insurer's attorneys handle the claim for you.


  4. Simply put, there is no way for anyone to reasonably predict whether you are liable or not. Liability will really depend upon the specific facts of your case. Since you recently opened for business, it is unlikely that an event like this has ever happened in the past. Thus, it will be more difficult for a patron to say that you should have worked harder to make your store safe for invitees. However, on the other hand one might argue that a shop owner with any experience should have known that placing glass jars several feet above the ground created an unreasonable risk to patrons given that you should have expected accidents like these, e.g. they are common in the industry. These are just a few preliminary examples of how your facts will be reviewed. In any case, you should retain a lawyer as soon as possible to provide a case evaluation and/or to begin preparing your case.

    FYI, it is advisable to have an employee get a written statement from the customer to memorialize what she/he perceived prior to and contemporaneously with the incident; i.e. get a narrative. It always helps to have the customer tell you everything they recall while it is still fresh in their mind. Alternatively, you should review the video of the accident (and preserve it) should it exist.

    I hope this helps. Best of luck to you.

    Comments provided by S.Carlton Rouse are not intended to create an attorney/client relationship. In addition, the answer provided was based upon the limited information provided online, as such, any opinion/suggestion/comment could likely change after consultation and/or further review of the facts/documentation. For adequate legal advise, you should contact a lawyer and have a detailed consultation.

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