Stairway fall cases in Georgia

A Georgia stairway fall claim needs a defect or dangerous condition, the owner’s knowledge of it, and proof the person couldn’t reasonably see it or had some other reason not to avoid it. A fall alone proves nothing. As Alterman Foods v. Ligon, 246 Ga. 620 (1980), puts it, “Falling and injuring one’s self proves nothing.” So the case turns on what was wrong with the stairs, and on a rule that hurts plaintiffs on fixed conditions: a person who has used those steps before may be taken to know them.

Static conditions and the prior traversal rule

Stairs are a fixed feature. Georgia courts treat a static condition differently from a spill, and the case can end on one fact: did the person pass over this same place safely before?

Decision	Stairs or step	What decided it	Result
Meadows v. Dollar General, 371 Ga. App. 695 (2024)	Static condition	Equal knowledge and prior traversal	Summary judgment for the store affirmed
Stevens v. Welch, A25A0778 (2025)	An edge visible in photographs	Open and obvious, with no distraction	Affirmed
American Multi-Cinema v. Gillis, A24A0537 (2024)	Missing handrail	Open and visible	Denial of summary judgment reversed
North Fulton Community Charities v. Goodstein, 367 Ga. App. 576 (2023)	Level change	Rule didn't apply; visibility a jury question	Denial affirmed
Hailu v. John Milledge Academy, A25A1130 (2025)	Level change	No earlier passage; visibility a jury question	Summary judgment reversed

So find out early whether the plaintiff had used those steps. A path taken in another direction, in different light, or by a different route may not count, and Goodstein shows that the rule doesn’t always fit. Hailu also sent a spoliation issue back, saying the plaintiff didn’t have the burden of proving the video showed the fall.

Building codes and handrails

A code violation is useful, but it isn’t the end of the case. American Multi-Cinema v. Gillis put it bluntly: “Negligence per se does not equal liability per se.” A missing handrail was an open and visible static condition there, and the theater won on appeal. So a plaintiff has to show how the violation connects to this fall, and why the plaintiff couldn’t protect against it.

Which code applied depends on the building’s date, use, and later work. Don’t assume that today’s code governs an older stair. Get the certificate of occupancy, permits, and any renovation history. Rise, run, and handrail measurements should come from an inspector or expert, not from a general chart.

Conditions that may not be static

Not everything on a stair is a fixed condition. The analysis shifts when something has changed.

Condition	How it's treated	Evidence
Worn or loose tread	May have developed over time	Maintenance records, photos
Liquid on a step	Closer to a wet floor case	Time on the stairs
Loose carpet	Depends on when it came loose	Prior complaints
Burned-out light	Depends on notice	Work orders
An item left on the stairs	Foreign object	Who left it and when
Ice outside	Natural accumulation rules	Weather and treatment records

Related pages cover wet floors, lighting, and weather. In Johnson v. LT Energy, A23A0240 (2023), a mat that moved wasn’t a static condition, so the prior traversal rule didn’t apply.

What the plaintiff was doing

Robinson v. Kroger, 268 Ga. 735 (1997), held that “an invitee’s failure to exercise ordinary care is not established as a matter of law by the invitee’s admission that he did not look at the site on which he placed his foot”. The test is “the prudence the ordinarily careful person would use in a like situation”. A distraction in the owner’s control can be evidence of ordinary care.

Expect questions on these.

• Did the person use an available handrail?
• Were the hands full?
• What shoes were worn?
• Was a phone in use?
• Was alcohol involved?

Each one goes to fault under § 51-12-33, and 50 percent or more ends recovery. A defense might also raise avoidance under § 51-11-7.

Who is responsible

Setting	Who	Note
Store or office	Occupier, owner, or manager	Check the lease's maintenance terms
Apartment common stair	Landlord	Tenant areas differ
Rented home	Tenant or landlord	§ 44-7-14
Friend's home	Host	A guest may be a licensee
Construction site	Contractor chain	Different rules for workers

A guest’s position is on the duty to licensees. Under § 44-7-14, a landlord who has fully parted with possession is responsible for damages “arising from defective construction” or “from the failure to keep the premises in repair”. So the original builder, the repair history, and who held possession can all matter. In Cham v. ECI Management, 311 Ga. 170 (2021), the Supreme Court distinguished common areas under § 51-3-1 from tenant-held premises under § 44-7-14, and discussed status for a visitor.

What to do first

1. Don’t let the stair change. Ask the owner in writing to keep it as is.
2. Photograph every step with a measuring tape, and the handrails and lights.
3. Note which step, which foot, and which direction.
4. Find out about earlier falls and complaints at that spot.
5. Get video, which may be overwritten soon.
6. Have an inspector measure if the defect is structural.

The owner may repair the step quickly. Under § 24-4-407, a later repair isn’t admissible to prove negligence, although it may come in for another purpose such as ownership, control, or feasibility, if controverted. So get the record of the earlier condition first. Documenting premises hazards gives the steps, and § 9-3-33 sets a two-year deadline for the injury claim.

Sources

• Alterman Foods v. Ligon, 246 Ga. 620
• Meadows v. Dollar General, 371 Ga. App. 695
• Stevens v. Welch, A25A0778
• American Multi-Cinema v. Gillis, A24A0537
• North Fulton Community Charities v. Goodstein, 367 Ga. App. 576
• Hailu v. John Milledge Academy, A25A1130
• Johnson v. LT Energy, A23A0240
• Robinson v. Kroger, 268 Ga. 735
• Cham v. ECI Management, 311 Ga. 170
• Official Code of Georgia Annotated, November 2022 public release: §§ 9-3-33, 24-4-407, 44-7-14, 51-3-1, 51-11-7, 51-12-33

This page was last reviewed in November 2026 for general information. Laws and court decisions can change after that date. It is not legal advice and does not create an attorney-client relationship.