Holiday Displays — A Hidden Danger for Georgia Shoppers

How Georgia Law Looks at Holiday Trip and Fall Injuries

If you’re shopping in a Georgia store, you are almost always there as an invitee—someone the business has invited onto the property to shop. Under Georgia law, owners and occupiers of land owe invitees a duty to exercise ordinary care to keep the premises and approaches safe. This duty applies whether the hazard is:

• A puddle on the floor
• A loose rug
• An exposed extension cord across an aisle
• A holiday display sticking out into the walkway

To win a typical Georgia premises liability (slip/trip and fall) case, the injured person usually has to show that:

• There was a hazardous condition (like a cord, display base, or clutter in a walkway).
• The store knew about it or should have known about it (actual or constructive knowledge).
• The store failed to use ordinary care to fix, remove, or warn about the hazard.
• You did not know about the hazard and were using reasonable care for your own safety.
• The hazard caused your injuries and related damages (medical bills, lost wages, pain and suffering, etc.).

Georgia courts often talk about a “two-prong test”:

• The store had actual or constructive knowledge of the hazard; and
• You lacked knowledge of the hazard despite exercising ordinary care.

That framework is crucial in holiday display and cord cases.

Proving the Store “Knew or Should Have Known” About the Hazard

The first big fight in a trip-and-fall case is usually about the store’s knowledge.

Actual Knowledge

You may be able to show actual knowledge if:

• The cord or display was set up by employees.
• Employees walked past the hazard repeatedly without fixing it.
• A customer reported the hazard earlier and the store did nothing.
• The store has video showing employees stepping over or around the hazard before your fall.

Georgia courts often focus on whether the property owner had “superior knowledge” of the hazard compared to the injured person.

Constructive Knowledge

Even if there’s no direct proof the store actually knew about the cord or display, you can show constructive knowledge—meaning the store should have known about it if they were acting reasonably. The following evidence can prove this:

• Inspection and cleaning policies – Did the store have a regular schedule for checking aisles?
• Inspection logs or checklists – Were they followed that day? Are there gaps in the log?
• How long the hazard was there – For example, a cord taped down improperly for days, or a display that had been in the same spot all week.
• Prior complaints, near-misses, or incidents involving that display, area, or setup.

In Georgia, a store can be liable when a hazard was present long enough that a reasonable inspection would have discovered and corrected it.

Store managers often plan and install holiday decorations and seasonal layouts in advance, which can support an argument that the store had plenty of time to recognize and fix dangerous setups.

Distraction and Ordinary Care

Insurance companies love to argue that the customer “should have been watching where they were going.” Georgia law does require invitees to use ordinary care for their own safety. 

But the analysis isn’t that simple—especially in a store environment.

In Robinson v. Kroger, the Georgia Supreme Court made clear that an invitee may still recover when:

• The store’s own displays, configuration, or activities reasonably distract the customer, and
• The distraction is something the store should have anticipated (like attention-grabbing displays or employee actions).

In the holiday context, that might include:

• A large, colorful display that naturally draws shoppers’ eyes upward
• Sale signs and holiday promotions positioned at eye level instead of floor level
• Employees directing customers toward a display while cords or bases lie in the walkway

If something the store controlled—like a prominent holiday display—drew your attention, your lawyer can present that as evidence that you were still using ordinary care under the circumstances.

Legal Basis for Trip and Slip Cases in Georgia

Under Georgia law, store owners have a duty to maintain their premises in a reasonably safe condition. This includes regularly inspecting for dangerous conditions and either remedying them or warning customers of potential hazards.

If a store does not take care of its responsibility and you get hurt as a result of a trip or slip caused by negligence—such as a poorly placed display or unattended cords—you may have grounds for a premises liability claim.

How Georgia’s Comparative Negligence Rule Affects Your Case

Georgia uses a modified comparative negligence system with a 50% bar rule.

• If you are more than 50% at fault, you recover nothing.
• If you are less than 50% at fault, your damages are reduced by your percentage of fault.

In trip-and-fall cases, insurers often argue you were:

• Looking at your phone
• Wearing “unsafe” shoes
• Ignoring warning cones or signs
• Walking too fast or not watching where you were going

A big part of what The Jewkes Firm does in these cases is gather evidence to push your fault percentage down—or eliminate it entirely—by showing that the real issue was a dangerous setup the store created or allowed to remain.

Critical Evidence in Holiday Display and Cord Cases

The moments after a fall can be painful and chaotic, but the steps you take (or that someone takes for you) can make a huge difference in your case. Proving your case involves showing that the store’s negligence caused your injury. Here’s what you need:

Document the Scene Immediately

• Take Photographs/Videos. Capture the exact location of your fall, the display or cords involved, and any contributing conditions (e.g., poor lighting, wet floors).
• Note the Date and Time. Timing can help establish if the store had adequate time to discover and fix the hazard.
• Keep Clothing or Shoes. They may have damage or residue useful as evidence.

Attorney Jordan Jewkes has emphasized in his premises liability podcast that photographic and video evidence is critical to proving how a hazard looked at the time of the incident.

Report the Incident Promptly

• Inform store management or an employee about the trip and your injury immediately.
• Request an incident report be created and obtain a copy.
• Provide only basic, truthful facts; don’t speculate or accept blame. If possible, note anything important, like “no warning signs” or “cord across aisle.”
• Ask for contact information of any witnesses who saw you fall or saw the hazard beforehand. Get names of employees who responded or made comments like “that cord has been a problem all day.”

Seek Medical Attention

• Your health is the priority—get treatment right away.
• Keep all medical records and bills as evidence of injury and damages.

These records connect the fall to your injuries and show the severity and cost of your harm.

Preserve Evidence

Most stores have surveillance cameras. However, stores often overwrite video after a short period of time. Acting quickly allows your attorney to send a spoliation/preservation letter demanding that the store preserve video, photos, and other evidence. Store receipts, photos, and any communication with the store.

In his podcast, Attorney Jewkes warns that some property owners try to destroy or “lose” evidence, which is why contacting a lawyer as soon as possible is so important.

Establish Negligence

• Prove that the store knew or should have known about the unsafe condition.
• Evidence like surveillance footage, maintenance logs, or witness testimony can demonstrate the store’s failure.

Demonstrate Causation and Damages

• Show that the trip or slip directly caused your injuries.
• Document physical pain, emotional distress, lost wages, and medical expenses.