Simon Law July 2019


WHAT DOES A VICTIM HAVE TO PROVE IN A FALL CASE? Law in Real Life Georgia Law dictates that victims are entitled to proper compensation after a business or landowner’s negligence leaves them injured. A plaintiff must show that the landowner had knowledge of the hazard in one of two ways: showing that the landowner or an employee was in the area but failed to clean up the hazard or showing that the hazard was present for a length of time in which the landowner should have been aware of it. A plaintiff claimed he was injured when he slipped and fell in a puddle at a grocery store. Video evidence shows a store employee walked past the spill and didn’t clean it up moments before the plaintiff fell, but the grocery store argued its employees were in the middle of cleaning the floor. The store produced an electronic log, which detailed how their cleaning procedure correlated with the fall. However, another piece of video evidence showed the employee who claimed to be cleaning the floor was actually helping customers and manning the register at the time. Store management had no explanation for this and later claimed the floor cleaning may not have even happened. The court sided with the plaintiff in this case, and a recent Court of Appeals of Georgia decision confirmed this outcome. The appeals court explained that it is on the plaintiff to prove the defendant knew about the hazard, which gives the defendant the right to refute this claim. This does not mean that the plaintiff is responsible for showing how long a hazard was present if the defendant cannot present a guaranteed inspection and cleaning procedure. Ultimately, the courts ruled that the grocery store, in this case, could not use their cleaning procedure protocol as justification that the liquid was being attended to by an employee, because it wasn’t concrete. You deserve to land back on your feet after a fall leaves you injured, and at The Simon Law Firm, we have advocated for victims’ rights for decades. Learn more about how our experts can help you by calling 404-259-7635 for a free consultation. The Court Says … But, as the following recent Georgia case illustrates, sometimes this burden of proof isn’t always so clear-cut. The Facts







Tomato Basil Salad

The main course on the Fourth of July almost always works with paleo diets, but that isn’t always the case with sides and appetizers. This salad offers a great way to enjoy some paleo fare without having to resort to only eating grilled meats.


1 small shallot, thinly sliced 4–5 medium tomatoes, preferably heirloom, seeded and cut into wedges

6–10 medium basil leaves, cut into ribbons

1 tbsp aged balsamic vinegar

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1 tbsp extra-virgin olive oil Salt and pepper, to taste

DIRECTIONS 1. Place shallots in balsamic vinegar for 15 minutes. Drain and pat dry using paper towels. 2. Assemble tomatoes on a plate, top with basil and shallots, and season with salt and pepper. 3. Drizzle olive oil over top of salad and serve immediately. | 3

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