concurring specially.
I concur fully in the majority opinion and write separately to stress that to allow liability to attach to Home Depot under these circumstances will overextend the law of premises liability for retail establishments.
Surely it is a known and obvious fact that there are many, many sharp items available in a hardware store. It is also obvious, therefore, that another customer could be holding or carrying one of these items. The sharp item at issue in this case was in the possession of another customer. Although it was in his cart, I see no analytical difference between this situation and one in which the customer is holding the sharp item. Thus, the simple facts of the case are that the plaintiff was injured when she made a sudden and unexpected movement that brought her into contact with a sharp item held by another customer. And the fact that the item had sharp points was open and obvious to anyone who cared to look. The case would be the same if the unknown customer had been holding a pitchfork, shovel, rake, hoe, screwdriver, saw, pick, nail, or any one of a number of other items available for sale in a hardware store. Normally, a retailer is not liable for the actions of customers who are carrying store merchandise in a dangerous manner unless the retailer is on notice of the probability of danger:
If the conduct of third persons ... is such as to cause any reasonable apprehension of danger to other customers or *703invitees because of such conduct, it is the duty of the proprietor to interfere to prevent probable injury; and a failure so to interfere, and consequent damage, will subject such proprietor to an action for damages for such negligent failure to prevent the injury. This duty of interference on the proprietor’s part does not begin until the danger is apparent, or the circumstances are such as would put an ordinarily prudent man on notice of the probability of danger.
(Citations and punctuation omitted; emphasis in original.) Towles v. Cox, 181 Ga. App. 194, 197 (1) (351 SE2d 718) (1986). In other words, “[i]f a third party’s misconduct causes injury to a plaintiff while on the premises, the inquiry is whether the proprietor had superior knowledge of the danger that a third party would so act. [Cit.]” Yager v. Wal-Mart Stores, 257 Ga. App. 215, 217 (570 SE2d 650) (2002).2
After extensive research, I have not found a single case in this state or any other that allows liability for a retailer under facts such as these where a customer is simply carrying a sharp object that accidentally causes injury. Although a shopping cart with the points of a tomato tower protruding from it could be dangerous, there is no suggestion that Home Depot had actual or constructive knowledge that the customer was acting in a dangerous manner or placing others at risk. Compare Bragg v. Warwick Shoppers World, 227 A2d 582 (R.I. 1967) (claim stated against retailer where plaintiff alleged that he was struck by fishing pole that protruded from shopping cart being pushed by small child and that retailer either knew or should have known of the child’s actions); Wallace v. Sears, Roebuck & Co., 196 Ga. App. 221 (396 SE2d 41) (1990) (evidence presented that employees had knowledge of children using unsecured skateboards in store). There is also no evidence that the sharpness of the item was a latent defect, i.e., that it was unexpectedly sharp. Compare Barken v. S. S. Kresge Co., 117 SW2d 674, 679 (Mo. App. 1938) (claim stated against retailer who should have known of easily discoverable, unusually sharp, temple piece on sunglasses, which caused injury to plaintiffs eye while she was trying them on).
Nor did Home Depot have superior knowledge of the danger based on other incidents. Of the twenty-three incidents in a three-year period occurring nationwide at Home Depot that involved either a tomato tower/cage, tomato stakes, or “tomato rods,” fourteen are not *704remotely related.3 Of the times someone was cut, punctured, stabbed or lacerated by a tomato tower, four occurred either as the customer was trying to pull the banding off tomato towers or stakes, or as the customer was trying to pull two or more tomato towers apart. One occurred when the customer tripped on another item and landed on a “tomato rod”; one occurred when the customer’s “right forearm was caught by the wire of a tomato cage” for unknown reasons; and one occurred when an employee was spinning a tomato plant and hit someone’s head.
Only two incidents in all Home Depot stores in America in a three-year period involved someone bending over and poking their eye on such an item. In one, an employee bent down to pick up a tomato plant and poked his eye on a wooden stake, arguably distinguishing that incident. In the other, the customer bent over and struck her eye on a tomato tower. This incident does not give Home Depot superior knowledge of the danger. First, the danger of hitting something with your head when you bend over in a close area is obvious. Second, neither incident involved a customer, or anyone else, carrying a tomato tower to the checkout counter in a manner that might cause injuries to others. Thus, nothing gave Home Depot superior knowledge that something should be done to protect customers or bystanders from other customers carrying tomato towers around in the store.
“One is bound to anticipate and provide against what usually happens and what is likely to happen; but it would impose too heavy a responsibility to hold him bound in like manner to guard against what is unusual and unlikely to happen, or what is only remotely and slightly probable.” (Citations omitted.) Feldman v. Whipkey’s Drug Shop, 121 Ga. App. 580, 581 (2) (174 SE2d 474) (1970).
As for the affidavit from the owner of a “local nursery,” although he claims to be knowledgeable about the hazards generally known in the nursery industry, he never gives an opinion as to what the industry standard is. His affidavit merely states that his nursery never placed tomato towers in the retail area of a store and that it assists customers with loading and transporting the items to avoid the risk of injury. One store owner’s practices does not an industry standard make.
In short, there is no basis for imposing liability on Home Depot, and to allow liability in this situation would require all hardware stores in this state to repackage or reject all merchandise that *705potentially could cause an accidental injury to a fellow shopper while being carried to the checkout counter.
Cf. Psillas v. Home Depot, U.S.A., 66 SW3d 860, 865-866 (Tenn. App. 2001) (retailer not liable under res ipsa loquitur theory of premises liability for child who was cut in store, where the possibility existed that another customer could have left a sharp object in the aisle where the child was playing right before the injury).
Six involved injuries sustained when the item fell on the customer; two involved a falling item which caused the customer to trip; four involved simply tripping over the item; and in two incidents, the customer either was struck by something else or tripped when reaching for a tomato cage or similar item.