“Pleading the Not So Obvious: An Introduction to Static Condition Premises Liability Claims”

Swift Currie premises liability attorney, Derek Goff, authored an article for the Daily Report on premises liability claims discussing how Georgia courts apply the "open and obvious" defense in static condition premises liability cases, and how plaintiffs and defendants strategically navigate that standard to either win or survive summary judgment.

If the static condition was open and obvious, then the plaintiff can’t seek damages because they failed to see it. He noted that if the invitee is in view of the condition, even if it is not noticed, the premises liability generally falls.

“For defense counsel, documenting the plaintiff’s equal or superior knowledge of the hazard through prior traversal or admissions of seeing the condition can end a case at the dispositive motion stage,” Goff said.

He highlighted that the plaintiffs’ counsel can bolster their complaints through creative pleadings, however the allegations should be strengthened by evidence, and they may require expert testimony.

To view the full article, subscribers may click here.