Legal Opinion · Dissent

Chastain v. CF Georgia North DeKalb, L.P.

Court of Appeals of Georgia

Decided July 16, 2002No. A02A0033Published

1DissentPhipps, Judge

I respectfully dissent.

To establish constructive knowledge, an invitee must present evidence that either: (1) an employee of the owner or occupier “was in the immediate area of the dangerous condition and could have easily seen the substance and removed the hazard,” or (2) the owner/occupier failed to exercise reasonable care in inspecting and keeping the premises in safe condition.2 Constructive knowledge may also be *805inferred from evidence that the owner or occupier lacked a reasonable inspection procedure or failed to follow a reasonable inspection procedure at the time of the incident.3…

2Cases cited9 opinions

  1. Robinson v. Kroger Co.Supreme Court of Georgia · 1997
  2. Alterman Foods, Inc. v. LigonSupreme Court of Georgia · 1980
  3. Blake v. Kroger Co.Court of Appeals of Georgia · 1996
  4. Hardee's Food Systems, Inc. v. GreenCourt of Appeals of Georgia · 1998
  5. Kroger Co. v. BrooksCourt of Appeals of Georgia · 1998

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