Davis v. Arby's Properties, LLC et al

On September 24, 2025, plaintiff John Davis sustained injuries after slipping on a wet floor inside an Arby’s restaurant in Sandy Springs, Georgia. The floor near the restrooms had been mopped by staff but no warning signs were posted. Davis suffered a concussion, herniated disc, and medical expenses exceeding $150,000. He filed suit against Arby’s Properties, LLC, the property owner, and franchisee QuickServe Franchising Inc., alleging negligent failure to maintain safe premises and inadequate warning of hazards. The case proceeded to trial in U.S. District Court, where evidence showed prior complaints about flooring maintenance. The defendants argued Davis was distracted by his phone, constituting comparative negligence. The jury deliberated on duty of care, constructive notice, and apportionment of fault under Georgia law.

In April 2026, the jury returned a verdict finding Arby’s Properties, LLC 70% liable and QuickServe Franchising Inc. 10% liable, with the remaining 20% fault assigned to Davis for comparative negligence. The court entered a judgment of $280,000 in compensatory damages, reduced from $400,000, plus medical costs. Post-trial motions for a new trial were denied.

Whether the defendants had actual or constructive knowledge of the slippery condition and breached their duty of care by failing to place warning signs or dry the floor promptly; and whether the plaintiff's own inattention constituted comparative negligence sufficient to bar or reduce recovery.

The verdict prompted major fast-food chains to review and tighten floor safety protocols, including mandatory use of wet floor signs and real-time hazard logging systems. It became a frequently cited case in Georgia premises liability training, reinforcing business invitees’ rights and the importance of document retention for franchise operations. Public awareness around distracted walking in commercial spaces also increased.