Restaurants, cafes, and other retail food establishments combine spills, grease, foot traffic, and frequent cleaning, which makes slip and fall claims especially common. Customers are invitees, and O.C.G.A. § 51-3-1 requires the establishment to exercise ordinary care to keep its floors, dining areas, restrooms, and entrances reasonably safe.
These claims follow the Robinson v. Kroger standard, under which an injured customer must establish the establishment’s actual or constructive knowledge of the hazard while showing that the customer did not share that knowledge despite reasonable care. Food-service settings raise the constructive-knowledge issue sharply, because spilled food, dropped ice, grease near cooking and serving areas, and water tracked in from entrances appear and are cleaned constantly. Evidence that an employee was nearby and could have removed a spill, or that the establishment did not follow a reasonable inspection and cleanup routine, supports constructive knowledge.
How long a hazard existed often becomes the decisive fact. A spill present for many minutes in a staffed area is one a reasonable cleanup routine should have caught, while a substance dropped seconds before a fall may not give the establishment a fair chance to discover it. Cleaning logs, inspection schedules, and staffing records frequently determine the result.
Beyond floors, food establishments must maintain safe seating, lighting, and walkways, and address known hazards promptly. As with other premises claims, an injured customer’s own share of fault, such as ignoring a visible warning cone, is weighed under comparative negligence and can reduce or bar recovery.