Articles Posted in Premises Liability

Published on:

According to the Centers for Disease Control and Prevention, 10 people die every day in the United States due to “unintentional drowning.” Children between the ages of 1 and 4 are especially at risk. Among this age group, drowning is the leading cause of death aside from congenital birth defects.

Frazier v. Godley Park Homeowners Association, Inc.

Most child drowning deaths occur in residential swimming pools. In some cases, the pool owner’s negligence may be the proximate cause of the child’s death. You should not assume that just because a child suffers a fatal or non-fatal drowning, the owner is automatically liable. To the contrary, under Georgia law, a swimming pool owner “is not an insurer of its safety.”

Published on:

While premises liability is often associated with commercial businesses (think a slip-and-fall at the supermarket), any property owner may be held responsible if an invited guest is injured. This is why homeowners insurance policies typically offer liability coverage. For instance, if someone falls down the stairs at your house, your homeowners insurance will cover the medical bills.

Allstate Property and Casualty Insurance Co. v. Roberts

What if someone is injured on your property in a criminal act? Insurers often try to disclaim coverage in such situations. But depending on the precise wording of the policy, the insurer may still be liable.

Published on:

Last year we discussed a Georgia Court of Appeals decision ordering a new trial in a premises liability case involving a well-known theme park in Cobb County. The case began when two patrons and their families were repeatedly threatened by rival gangs who were known to frequent the theme park. Even after some of the gang members threatened to shoot the patrons in the parking lot, park security failed to eject the assailants.

Shortly thereafter, a group of about 40 gang members did, in fact, approach the families in the parking lot, which was still on theme park property. Although the families escaped the approaching mob, some of the gang members proceeded to beat a bystander who happened to be seated at a bus stop near the park’s entrance.

The bystander later sued four of the men who attacked him. He also named the theme park owner as a defendant under Georgia’s premises liability law. A jury eventually found the plaintiff was entitled to $35 million in damages and apportioned 92% of the blame to the theme park.

Published on:

Premises liability refers to a landowner’s legal duty to “exercise ordinary care in keeping the premises and approaches safe,” according to the Georgia Supreme Court. In other words, if you own a building and invite members of the public in, you must take reasonable precautions to protect your guests from a foreseeable harm. You are not required to insure the public’s safety from all possible or existing hazards, but you must exercise a certain degree of due diligence, i.e. inspecting your property regularly to see if any dangerous conditions exist.

Duff v. Board of Regents of the University System of Georgia

The key to any premises liability claim is establishing the existence of a hazardous condition. This generally requires a careful examination of the facts in a given case. There is no one-size-fits-all approach to assessing the existence of a hazardous condition.

Published on:

In any kind of personal injury case, it is important to be as precise as possible in your recollection of events. Obviously, nobody has a perfect memory, and you may be called to testify about an accident months or years later. But the words you use are taken seriously and literally by the court. You cannot expect a judge or jury to “know what you meant,” especially when your testimony undercuts a key argument in your case.

Hartman v. Clark

Consider a recent slip-and-fall case from here in Georgia. The plaintiff was patronizing a restaurant owned by the defendant. In a deposition, the plaintiff said she entered the restaurant’s bathroom, and after about 5 or 10 minutes she exited one of the stalls and “fell backwards,” causing injuries to her back and ankle.

Published on:

Personal injury litigation is often a lengthy process, involving months or even years of pretrial discovery, followed by a trial and possibly several rounds of appeals. What happens when the defendant simply fails to respond to the plaintiff’s lawsuit? Does the plaintiff automatically win?

Anderson v. Family Dollar Stores of Georgia, LLC

In legal terms, a defendant who fails to answer a properly served complaint “defaults.” This does not necessarily mean that the plaintiff is entitled to damages. The default only means the judge must take the factual allegations in the plaintiff’s complaint as true. The judge must then determine if those allegations are properly pled–i.e., that they actually state a legal basis for granting relief.

Published on:

Negligent security cases are often the most difficult types of personal injury cases for victims to prove. Negligent security falls under the broader category of “premises liability,” i.e. a property owner’s legal duty to keep that property in reasonably safe condition for customers and other invitees. While premises liability does not ordinarily extend to criminal acts committed by third parties, a property owner may be responsible for failing to provide adequate security, including proper lighting, locks, or guards.

Fair v. CV Underground, LLC

The Georgia Court of Appeals recently addressed a negligent security claim against a well-known Atlanta shopping center. The plaintiffs were the parents of a man shot and killed on the defendant’s premises. Both the trial court and the Court of Appeals agreed the parents failed to present a case that could survive summary judgment.

Published on:

Property owners are liable for injuries caused by their failure to correct or repair dangerous conditions. But what if the owner has rented or leased the property to someone else? Under Georgia law, an owner who has “fully parted with possession” (i.e., a landlord) is not liable for injuries sustained by third parties on the premises.

There are two exceptions to this rule. First, the landlord is liable if the injury was the result of “defective construction.” Additionally, the landlord is responsible for his or her own “failure to keep the premises in repair.”

Aldredge v. Byrd, et al.

Published on:

In a premises liability case, Georgia law holds that a plaintiff cannot recover damages if he or she had “equal or greater” knowledge of a hazard relative to the defendant. In other words, if you know there is a dangerous condition on someone else’s property and, in spite of that knowledge, you are injured, a judge may reject your personal injury lawsuit against the property owner.

Travis v. Quiktrip Corporation

A recent Georgia Court of Appeals decision illustrates how the question of a plaintiff’s “superior or equal” knowledge is dealt with in practice. The plaintiff was a tanker driver who delivered gasoline to a gas station owned and managed by the defendants. On the day in question, the plaintiff was making a delivery. The defendants required the plaintiff to manually measure the underground tank levels before and after each delivery. As the plaintiff later testified, he knew other drivers who had been “fired on the spot” for failing to follow this policy.

Published on:

Premises liability refers to a property owner’s responsibility for certain torts that occur within said property. A common example is a slip-and-fall accident. Let’s say you are shopping and slip on a puddle of water in the middle of the store, causing you to fall and injure yourself. The store owner may be liable if you can prove he or she was negligent in failing to notice and clean up the puddle.

How does premises liability work if the property is rented? In other words, if the store owner leases its space from another entity, such as a shopping center, is the landlord also liable for injuries to patrons? As a general rule, the answer is no. Georgia law expressly states that a landlord who has “fully parted with possession” of a property–i.e., leased it to a tenant–is not “responsible to third persons for damages” arising from the tenant’s negligence. There are, however, two exceptions to this rule. First, a landlord can be held liable for “defective construction” of the leased building itself. Second, the landlord may be liable for “damages arising from the failure to keep the premises in repair.”

Pajaro v. South Georgia Bank