“[A] property owner is not an insurer of an invitee's safety, and an intervening criminal act by a third party generally insulates a proprietor from liability unless such criminal act was reasonably foreseeable.”(Citations and punctuation omitted.) Whitfield v. Tequila Mexican Rest. No. 1, 323 Ga.App. 801, 803(2), 748 S.E.2d 281 (2013). “In order to be reasonably foreseeable, the criminal act must be substantially similar in type to the previous criminal activities occurring on or near the premises so that a reasonable person would take ordinary precautions to protect his or her customers against the risk posed by that type of activity.”

This Court reviews the grant of summary judgment de novo, viewing the evidence in the light most favorable to the nonmovant. See Whitfield v. Tequila Mexican Restaurant, No. 1, Inc., 323 Ga.App. 801, 802(2), 748 S.E.2d 281 (2013). So viewed, the evidence shows that Walter began farming his family's land around 1949 and eventually accumulated over 600 acres of land in Grady and Decatur Counties. And as early as 1967, Walter's son, Bobby, began farming alongside his father, growing primarily corn and peanuts.

We review the denial of summary judgment de novo, viewing the evidence in the light most favorable to the nonmovant. See Whitfield v. Tequila Mexican Restaurant No. 1, Inc., 323 Ga.App. 801, 802(2), 748 S.E.2d 281 (2013). So viewed, the record shows that on February 11, 2012, Carroll was grocery shopping at an Ingles store in Villa Rica, Georgia. Right before the incident, Carroll was exiting the cereal aisle and on her way to get milk.

“A spoliation claim cannot be pursued unless the spoliating party was under a duty to preserve evidence.” Whitfield v. Tequila Mexican Restaurant No. 1, 323 Ga.App. 801, 807(6), 748 S.E.2d 281 (2013) (citations and punctuation omitted). [T]o meet the standard for proving spoliation, the injured party must show that the alleged tortfeasor was put on notice that the party was contemplating litigation.

In Georgia, “[a] spoliation claim cannot be pursued unless the spoliating party was under a duty to preserve evidence.” Whitfield v. Tequila Mexican Rest. No. 1, 323 Ga.App. 801, 748 S.E.2d 281, 287 (2013). This duty may burden a party to a case if a third party destroys evidence when acting as the litigant's agent.