Topic: (1) that the defendant had actual or constructive knowledge… · Go Syfert
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Topic #10147

7 canonical passages across 6 cases, quoted by 37 opinions in total. These passages cluster together because the same opinions keep quoting them side by side — they state parts of one doctrine. The anchor passage is from Robinson v. Kroger Co..

#Case FlagCanonical passage Citers
1 Robinson v. Kroger Co. Anchor
ga · 1997
green “(1) that the defendant had actual or constructive knowledge of the hazard; and (2) that the plaintiff lacked knowledge of the hazard despite the exercise of ordinary care due to actions or conditions within the control of the owner/occupier.” 11
2 Robinson v. Kroger Co.
ga · 1997
green “in order to recover for injuries sustained in a slip-and-fall action, an invitee must prove (1) that the defendant had actual or constructive knowledge of the hazard; and (2) that the plaintiff lacked knowledge of the hazard despite the exercise of ordinary care due to actions o…” 10
3 Kennestone Hospital, Inc. v. Harris
gactapp · 2007
green “mere occurrence of an injury does not create a presumption of negligence.” 4
4 J. H. Harvey Co. v. Reddick
gactapp · 1999
green “must do more than merely show that the defendant's employees had a general knowledge that a hazardous condition might exist.” 3
5 Ford v. Bank of America Corp.
gactapp · 2006
green “proof of an injury, without more, is not enough to establish a proprietor's liability.” 3
6 Taylor v. AmericasMart Real Estate, LLC
gactapp · 2007
green “one of two ways: by evidence that an employee was in the immediate area of the hazard and could easily have discovered and removed it, or by showing that the owner did not use reasonable care in inspecting the premises.” 3
7 Hayes v. SNS Partnership, LP
gactapp · 2014
green “remains one of pure speculation or conjecture, or the probabilities are at best evenly balanced, it becomes the duty of the court to grant summary judgment for the defendant.” 3

A red or yellow flag on a member means the underlying case has negative treatment — for those, check the case page before relying on the passage.

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