THE FALL "the plaintiff caught the toe of her shoe in a moss sealed gap between a sidewalk..."

APPLICATION OF ROBINSON TO STATIC CONDITION CASES

While the decision in Robinson v. Kroger Co. is being applied in static condition/defect cases, its effect may not be quite as great as where a foreign substance is involved. One example is the decision in Tanner v. Lorango, 232 Ga. App. 599, 502 S.E.2d 599 (1998). Here the plaintiff APPLICATION OF ROBINSON TO STATIC CONDITION CASES

While the decision in Robinson v. Kroger Co. is being applied in static condition/defect cases, its effect may not be quite as great as where a foreign substance is involved. One example is the decision in Tanner v. Lorango, 232 Ga. App. 599, 502 S.E.2d 599 (1998). Here the plaintiff caught the toe of her shoe in a moss sealed gap between a sidewalk which served as the entrance to a store in the store's parking lot. Photographs showed that although green moss growing in the separation concealed the depth of the gap between the light colored cement sidewalk and the black asphalt parking lot, the gap itself was plainly visible. "Occupiers of premises whereon the public is invited to come are not required to keep their parking lots and other such areas free from irregularities in trifling defects. One coming upon such premises is not entitled to an absolutely smooth or level way of travel. It is common knowledge that small cracks, holes, and uneven spots often develop in pavement, and it has been held that where there is nothing to obstruct or interfere with one's ability to see such a static defect, the owner or occupier of the premises is justified in assuming that a visitor will see it and realize the risk involved."

- See more at: http://corporate.findlaw.com/litigation-disputes/premises-liability-slip-and-fall.html#sthash.iyGT4CLi.dpuf which served as the entrance to a store in the store's parking lot. Photographs showed that although green moss growing in the separation concealed the depth of the gap between the light colored cement sidewalk and the black asphalt parking lot, the gap itself was plainly visible. "Occupiers of premises whereon the public is invited to come are not required to keep their parking lots and other such areas free from irregularities in trifling defects. One coming upon such premises is not entitled to an absolutely smooth or level way of travel. It is common knowledge that small cracks, holes, and uneven spots often develop in pavement, and it has been held that where there is nothing to obstruct or interfere with one's ability to see such a static defect, the owner or occupier of the premises is justified in assuming that a visitor will see it and realize the risk involved."

- See more at: http://corporate.findlaw.com/litigation-disputes/premises-liability-slip-and-fall.html#sthash.iyGT4CLi.dpuf