Williams v. GK MAHAVIR, INC.
314 Ga. App. 758
| Ga. Ct. App. | 2012Background
- Vanessa Williams slipped in the Best Western lobby on a substance she believed to be water.
- Neither Williams nor Best Western employees had actual knowledge of the substance.
- Front-desk staff and manager testified there was no confirmed floor hazard prior to the fall.
- There was no defined lobby inspection schedule; cleaning occurred only as needed.
- The trial court granted summary judgment finding no constructive knowledge by Best Western.
- The Court of Appeals reversed, holding the issue of constructive knowledge by inspection procedures should go to a jury.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was there actual knowledge by Best Western? | Williams argues Best Western knew or should have known. | Best Western claims no actual knowledge existed. | No genuine issue as to actual knowledge. |
| Did Best Western have constructive knowledge through inspection failure? | Williams contends lack of reasonable inspection shows constructive knowledge. | Best Western asserts no evidence of inspection failure. | Jury question on constructive knowledge due to inspection practices. |
| Is constructive knowledge essential to recovery in a slip-and-fall under these facts? | Constructive knowledge can be inferred from failure to inspect. | Absent evidence of time substance was present, constructive knowledge cannot be shown. | Reasonableness of inspection procedures for constructive knowledge is a jury question. |
| Does OCGA § 51-3-1 impose a duty to inspect premises for dangers to invitees? | Duty includes discovering dangerous conditions through inspection. | Duty not disputed; issue is knowledge and inspection quality. | Duty to inspect is recognized; jury to decide reasonableness. |
Key Cases Cited
- Mallory v. Piggly Wiggly Southern, 200 Ga.App. 428 (1991) (constructive knowledge via failure to inspect)
- Gibson v. Halpern Enterprises, 288 Ga.App. 790 (2007) (constructive knowledge and inspection standards)
- Jones v. Krystal Co., 231 Ga.App. 102 (1998) (inspection and knowledge in premises liability)
- Crook v. Racetrac Petroleum, 257 Ga.App. 179 (2002) (reasonableness of inspections cited)
- Barge v. Melvin Carmichael Enterprise, 252 Ga.App. 725 (2001) (insufficient inspection procedures reversed on appeal)
- American Multi-Cinema v. Brown, 285 Ga. 442 (2009) (jury to decide reasonable inspection questions)