Kimberly Sheridan and Dylan Annis (Atlanta, GA) (Premises Liability/Negligent Security) obtained Summary Judgment in Dekalb County, Georgia. Plaintiff alleged she tripped and fell on an unidentified wire or clothes hanger in a tow yard and impound lot.
Plaintiff filed suit on a theory of premises liability and negligent security. Defendant filed its Motion for Summary Judgement on the grounds (1) Plaintiff failed to establish a hazard existed because she could not identify what caused her fall; (2) Plaintiff failed to show Defendant had actual or constructive knowledge of this alleged hazard; (3) Plaintiff assumed the risk of injury when she walked by several posted signs warning to “watch about when walking” and “caution”; and (4) Plaintiff provided no evidence of any criminal conduct giving rise to a claim for negligent security.
Plaintiff opposed Defendant’s motion arguing that Defendant had constructive knowledge of the hazard because an unidentified employee was seen on a tractor driving around the tow yard picking up trash, Defendant’s inspection checks and guidelines were not documented, and the warning signs did not state that there was a presence of wires on the ground.
At oral argument, Defendant established that actual knowledge was undisputed and there was a lack of evidence the alleged employee was in the immediate vicinity of Plaintiff’s fall. Defendant further established that Plaintiff did not allege that Defendant’s inspection procedures were not reasonable or properly carried out. Defendant also provided evidence that Plaintiff acknowledged she was warned before entering the tow yard and proceeding at her own risk.
Ultimately the Court agreed with the Defense and entered Summary Judgment in its favor.