Category: Premises Liability

Failure to Warn Claims in Georgia: Understanding Your Rights and Responsibilities

signage with WARNING written in bold white letters and Product Recall written in black letters

In Georgia, a “failure to warn” claim arises when someone is injured or suffers damages due to a dangerous condition on a property or a defective product. This type of claim can arise in product liability cases where a product was sold without proper warnings about potential risks, and in premises liability cases where a property owner fails to warn visitors about known dangerous conditions on the property. In both scenarios, injured parties can seek compensation by proving that the responsible party was aware of the danger, had a duty to provide adequate warnings, and failed to do so resulting in the party’s injury. Below, we’ll explore failure to warn claims in Georgia, focusing on both premises and product liability cases, the elements of a successful claim, and recent trends in Georgia’s legal landscape.

What Is a Failure to Warn Claim?

A failure to warn claim arises when an individual is injured because they were not adequately informed of a foreseeable danger associated with a product or property. The basis for these claims is the notion that people have the right to be warned of any potential risks they may face so they can make informed choices about whether to proceed.

Product Liability Cases: In the context of product liability, failure to warn claims are brought when a manufacturer or distributor neglects to provide adequate warnings or instructions about the risks of using their product. For example, a pharmaceutical company may be held liable if it fails to inform consumers of dangerous side effects associated with a drug.

Premises Liability Cases: In premises liability, failure to warn claims apply to property owners who do not alert visitors to hazards on their property, such as wet floors, steep staircases, or other dangerous conditions. For instance, a grocery store may be liable if it fails to put up a wet floor sign and a customer slips and falls.

What are the Elements of a Product Liability Failure to Warn Claim in Georgia?

In Georgia, as in many other states, certain elements must be established to successfully bring a product liability failure to warn claim. These elements include:

Duty to Warn: The defendant (product manufacturer or distributor) has had a duty to warn the plaintiff about the risk. This means they were in a position to know about the risk and were responsible for informing others about it. See, Wilson Foods Corp. v. Turner, 218 Ga. App. 74, 75 (1995).

Breach of Duty: The warnings provided were either nonexistent, insufficient, or unclear, leading the plaintiff to be unaware of the danger. A breach occurs by “(1) failing to adequately communicate the warning to the ultimate user or (2) failing to provide an adequate warning of the product’s potential risks.” Key Safety Sys. v. Bruner, 334 Ga. App. 717, 719 (2015).

Causation: The lack of warning must be directly linked to the injury. “A mere possibility of such causation is not enough.” Blondell v. Courtney Station, 300 LLC, 362 Ga. App. 1, 7 (2021). In other words, the plaintiff must show that the harm could have been prevented had they been properly warned.

Foreseeability: The defendant must have been aware or reasonably could have been aware that the risk existed and that it posed a danger to users. See, Wilson Foods Corp. v. Turner, 218 Ga. App. 74, 75 (1995).

Damages: Finally, the plaintiff must show that they suffered actual harm or injury as a result of the lack of warning.

Each of these elements must be met to establish liability in a failure to warn case.

Example Cases of Product Liability Failure to Warm

Medications and Medical Devices: Numerous failure to warn cases related to pharmaceuticals are filed in Georgia every year. For instance, if a drug manufacturer fails to disclose severe side effects that could occur with their product, they could be held liable if a consumer suffers those side effects and had no prior warning. See Swinney v. Mylan Pharmaceuticals, Inc. et al.

Industrial Machinery: In cases involving industrial equipment, failure to warn claims arise if the manufacturer does not provide an adequate warning as to the dangers presented by using the equipment. For instance, in 2016, a worker brought a failure to warn claim against the manufacturer of an industrial conveyer system alleging that it was foreseeable that a user might stand in a non-designated working area, which could result in the user becoming entangled in the conveyer system and sustaining catastrophic injuries. See Dennis v. D&F Equipment Sales, Inc.

What are the Key Elements of Premises-Based Failure to Warn Claims?

For a successful failure to warn claim in Georgia premises liability cases, the injured party must prove the following elements:

Duty to Warn: The property owner or manager owed a duty of care to the injured party. Georgia law differentiates between invitees, licensees, and trespassers, with the highest duty of care owed to invitees (those on the property for a business purpose or mutual benefit). For invitees, property owners must exercise ordinary care to keep the property safe and warn of potential dangers. Licensees (those who enter for their own purposes) are owed a lesser duty, while trespassers are rarely owed any duty except in certain situations.

Knowledge of the Hazard: The property owner must have known or reasonably should have known about the dangerous condition. This is often called “constructive notice,” meaning the hazard existed long enough that a reasonable property owner would have noticed and addressed it. See Moran v. Team Elite Realty, 361 Ga. App. 329 (2021). For example, a restaurant owner may be liable if a spill was left unattended long enough for a reasonable employee to have noticed and cleaned it up.

Failure to Warn: The property owner must have failed to provide an adequate warning of the danger. This could mean not placing a warning sign near a hazard, such as failing to put up a “Wet Floor” sign when mopping. Georgia law requires a property owner to “to give a warning adequate to enable the [visitor on] the premises to avoid harm where the danger is not apparent. See Card v. Dublin Constr. Co., 337 Ga. App. 804, 807 (2016). In cases where a hazard cannot be immediately remedied, such as ongoing construction, warning signs, barriers, or caution tape may be necessary.

Injury Caused by the Hazard: “Causation is always an essential element in slip or trip and fall cases.” Richardson v. Mapoles, 339 Ga. App. 870, 872 (2016). The injured party must show that the hazardous condition and the lack of warning directly caused their injuries. For example, if a visitor trips over a broken step that was unmarked and suffers a broken ankle, they would need to prove that the lack of warning about the damaged step was the direct cause of their injury.

Common Premises Liability Situations Involving Failure to Warn

Several common scenarios in Georgia can lead to failure to warn claims in premises liability cases:

Slip and Fall Accidents: These are among the most frequent premises liability claims. A store or restaurant may be liable if it fails to warn customers about a wet or slippery floor, uneven surfaces, or ice on walkways.
Unsafe Conditions in Apartment Complexes: Landlords and property managers are responsible for warning tenants and visitors about dangers in common areas, such as broken stair railings, poorly lit hallways, or uneven walkways.
Hazardous Construction Zones: Property owners undertaking renovations or repairs must warn visitors of potential dangers, like exposed wiring or unstable flooring, that could lead to injury.
Swimming Pool Accidents: Public pools, hotel pools, and apartment complexes with pools must have adequate signage warning about depth levels, the absence of lifeguards, or slippery surfaces to avoid injuries.

Notable Georgia Cases on Failure to Warn in Premises Liability

Several significant cases in Georgia have helped define the scope of a property owner’s duty to warn:

Robinson v. Kroger Co. (1997): This case is one of the most influential Georgia premises liability cases. A woman slipped on water in a Kroger store, and the Georgia Supreme Court ultimately ruled that property owners have a duty to exercise ordinary care in keeping premises safe for invitees. This case clarified that property owners must be proactive in detecting and warning about hazards, even if a visitor also has a responsibility to look out for potential dangers.
Ga. Trails & Rentals, Inc. v. Rogers (2021): In this case, the plaintiff was injured while riding his dirt bike at a track owned by Ga. Trails. The Plaintiff ran off of the side of the track and landed on an uncovered drainage culvert, which almost amputated the Plaintiff’s leg. A Georgia jury found that the property owner was liable for failing to repair the culvert and also failing to warn the Plaintiff about this danger by marking it with some sort of flag or cone.
Sturbridge Partners, Ltd. v. Walker (1997): This case involved an apartment complex owner’s liability after a tenant was assaulted on the property. While not strictly a failure to warn case, the Georgia Supreme Court held that landlords must take reasonable steps to ensure tenants’ safety if they are aware of heightened risks, which can include warnings about potential dangers.

What are the Defenses in Premises-Based Failure to Warn Claims?

Property owners often raise certain defenses in response to failure to warn claims in Georgia premises liability cases. These include:

Open and Obvious Danger: Property owners are generally not required to warn about dangers that are considered open and obvious to a reasonable person. For example, a large hole in the ground that is clearly visible may not require a warning sign because Georgia law presumes that the a visitor would see the hazard and appreciate the danger, thereby having equal knowledge of the potential harm. See Valdosta State Univ. v. Davis, 356 Ga. App. 397 (2020).
Comparative Negligence: Georgia follows a modified comparative negligence rule. A visitor must also exercise care for his or her own safety. If the injured party is found partially at fault for their injuries, their recovery may be reduced by their percentage of fault. If they are 50% or more at fault, they may be barred from recovery altogether. For example, if a person is texting and not paying attention to their surroundings when they slip on an unmarked wet floor, a court may find them partially responsible for their injuries. In Georgia, a Plaintiff cannot recover if he is 50% or more at fault for his injuries. O.C.G.A. § 51-12-33(g).
Lack of Constructive Knowledge: Property owners may also argue they were unaware of the hazardous condition and had no reasonable opportunity to discover it. For example, if a spill occurred just minutes before an accident, the owner might argue they did not have enough time to address it or put up a warning. See The Kroger Co. v. Schoenhoff, 324 Ga. App. 619 (2013).

Importance of Adequate Warnings on Properties in Georgia

Failure to warn cases underscore the importance of proactive communication from property owners and manufacturers. These cases remind us that those with knowledge of a hazard have an obligation to take steps to minimize risk to consumers, visitors, employees, and tenants by utilizing timely, visible warnings about any known dangers.

For those injured due to a failure to warn, Georgia law provides a means to seek compensation, but a thorough investigation and strong evidence are essential to proving one’s failure to uphold their duty of care. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams Elleby Howard & Easter serves clients throughout the State of Georgia. If you or a loved one has suffered an injury due to a failure to warn, the attorneys at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-534-2542 today.

Georgia Personal Injury Claims and AI

What is AI? In its most basic sense, AI is artificial “intelligence” that allows machines or computers to perform tasks that would normally require human intelligence. Google Cloud gives us a straight-forward analysis of AI that includes brief answers to questions like: How does AI work? What types of AI exist? How does AI learn? What are some benefits of AI?

AI can benefit our lives in many ways, but we should proceed with caution, especially when utilizing AI in conjunction with personal injury claims. When it comes to personal injury claims, this author, believes that current AI technology is a flawed tool for estimating the value of a person injury claim. My law partner and I dig into the “Why” in this video:

Don’t have time for a ten-minute video, no problem. Let’s take a real-world case example to understand the “Why”:

I provided Microsoft Copilot with the following prompt:

What is the value of a personal injury case with the following facts in the State of Georgia? A man visits a restaurant/bar and consumes 7 alcoholic drinks over a 4-hour period. When the bar closed, an employee asked the man to take some items outside. The man did so and was unintentionally locked out of the bar. It was very cold and raining outside. The man attempted to gain re-entry by knocking on the door and calling the employee. He was unsuccessful. Therefore, he tried to walk around the building to gain access through a rear entrance. As he walked around the building, he fell 11 feet off a concrete retaining wall and sustained significant injuries. The retaining wall was located in a dark unlit area of the property. The bar owner knew the retaining wall was a hazard; yet, no guards or railing were placed around the retaining wall. The most severe injuries were a moderate TBI and lower back disk injury. He was hospitalized for 5 days and incurred approximately $350,000 in medical bills. What is this case worth?

I received the following Answer:

I’m really sorry to hear about the injuries sustained in this incident. Determining the exact value of a personal injury case can be complex and depends on various factors, including the severity of the injuries, medical expenses, lost wages, and pain and suffering.

Given the details you’ve provided, the case involves significant injuries, including a moderate traumatic brain injury (TBI) and a lower back disk injury, with substantial medical bills of approximately $350,000. In Georgia, personal injury settlements can vary widely, but severe injury cases can sometimes reach settlements in the range of $200,000 to $500,000 or more.

It’s important to consult with a personal injury attorney who can evaluate all aspects of the case, including liability, negligence, and the extent of damages, to provide a more accurate estimate.

Would you like some help finding a reputable personal injury attorney in Georgia?

There is a lot to unpack here but I must start with the fact that CoPilot undervalued this case by over $4,000,000.00. This is the actual jury verdict our firm obtained in December of 2023 showing exactly what a 12-person jury awarded in a case with these facts:

You can learn more about this specific case here:

But, I digress. Why, in this example does AI attempt to provide a numerical answer? Perhaps, it is because I asked it to. But why not answer the question in a way that acknowledges AI’s current shortcomings? An answer that simply encouraged me to seek the advice of an experienced lawyer would be more helpful and minimize the risk that I would be misled by the response.

The injured person would need to consult an experienced lawyer and discuss several issues that would arise in a case like this. So, what are some variables an experienced lawyer should consider in estimating case value?

How can Georgia’s comparative fault laws effect a personal injury recovery? In Georgia, a jury can allocate percentages of fault between the Plaintiff, Defendant, and Non-Parties. The juries’ allocation of fault between those persons will determine whether the Plaintiff may recover and whether the Plaintiff’s total damages will be reduced. Georgia’s comparative negligence laws, would completely bar a recovery if the jury determined that the Plaintiff was 50% or more at fault. O.C.G.A. § 51-12-33(g). If the jury found the Plaintiff to be more than 0% but less than 50% at fault, the judge would be required to reduce the total damages awarded to the Plaintiff in proportion to his or her percentage of fault.
Where would the lawsuit be filed? In legal circles, we call that “jurisdiction” and “venue.” Jurisdiction and venue matter! If a federal court has jurisdiction over the case, a lawyer must be admitted to practice before that court and intimately familiar with its local rules. Also, if a state court has jurisdiction, a lawyer must know what county is appropriate for filing suit. This is referred to as “venue.” Jury verdicts vary tremendously between counties in the State of Georgia and, on average, there is a clear difference in the amounts awarded by juries in traditionally conservative venues versus progressive venues.
What is the legal status of the injured person? Was he an invitee, licensee, or trespasser? The duty owed by a property owner is different depending on whether the injured person is a business customer (invitee), social guest (licensee), or trespasser.
Does the amount of time someone will suffer from the injury affect case value? Yes! The lawyer needs to determine whether the injuries are permanent. This is done by consulting with reputable medical professionals who can offer opinions about how the injuries will affect, if at all, the injured person over the remaining years of his or her life. Juries tend to award higher damages if the injured person suffers from his or her injuries for a long period of time.
What if I’m injured, and the property has no insurance? If the property owner or occupier has no unencumbered assets and no insurance, the injured person may not want to bring a claim. After all, the “value” of the case is $0, if there is no person, entity, or insurer to pay for the damages. However, if the property owner has sufficient liability insurance to pay for the injured person’s damages, it may be worthwhile to bring a personal injury claim.

The list of variables one must consider when estimating the value of an injury case is lengthy, but the lesson here is that everyone should use extreme caution when using AI to assign “value” to personal injury claims. AI’s ability to provide an accurate response is limited by the information it is provided. If the person who submits an inquiry to AI does not know the proper variables to include in a question, he or she is likely to receive an inaccurate answer. AI is also limited by what it has “learned” and what information is available when it formulates an answer. AI will undoubtedly make many aspects of our lives easier, but it has a long way to go before it can be relied upon to provide reliable legal advice.

CoPilot did acknowledge that “It’s important to consult with a personal injury attorney who can evaluate all aspects of the case…” Kuddos to CoPilot for acknowledging this important fact; however, CoPilot made a monumental error that could harm the consumer by offering to find a “reputable” personal injury attorney in Georgia. I responded, “Yes” (and am not including CoPilot’s response here because I do not feel it is appropriate to provide additional publicity to one of the firms that was recommended).

CoPilot recommended four personal injury law firms. One of those firms was highly reputable and I would not hesitate to hire them for my own case. However, one of the firms is being sued in a class action in the State Court of Gwinnett County, Georgia for violating O.C.G.A. § 33-24-53 (Unlawful Solicitation of Personal Injury Victims), O.C.G.A. § 16-14-4 (Racketeer Influenced and Corrupt Organizations Act), and O.C.G.A. § 10-1-391 (Fair Business Practices Act). The style of the case can be found on the Georgia Court of Appeals website. Why would CoPilot recommend a law firm that is facing such accusations?

All in all, if you are injured and curious about the value of your case, don’t trust AI to provide a value or to recommend a law firm. Do your own research. Talk to lawyers and search for credible information on law firm websites and YouTube Channels. Many reputable law firms provide accurate and free information if you simply look for it. For example, you can find advice on anything from finding the right lawyer for your case to What is a Neck Injury Worth to How Long Will My Workers Compensation Case Take?

The decisions one makes after a personal injury will greatly impact his or her finances. Those decisions should be made with the advice of a reputable and experienced lawyer. CoPilot and I agree on this basic principle. Call a good lawyer. It won’t hurt.

The Impact of Falling Objects: Legal Rights and Compensation

Man with both hands on head, looking straight at the camera.

According to the U.S. Bureau of Labor Statistic (BLS), approximately 2.8 million workers are injured on the job each year, and more than 5,000 are killed. Many of these accidents are caused by falling objects. In fact, the United States Department of Labor has labeled falling objects as one of construction’s “fatal four” types of accidents. If you or a loved one has been injured by a falling object at a work site, you should be aware of your legal rights and options. Williams, Elleby, Howard, & Easter is dedicated to getting accident victims the compensation they deserve. To schedule a free case evaluation, call 833-LEGALGA today.

Falling Object Injuries on Work Sites

Whenever work is being done on multiple levels, there is always the risk that debris will fall or objects will be dropped. Employers have a duty under OSHA regulations to maintain a safe work site and ensure that workers have the proper protective gear. For example, OSHA Standard 1910.219 provides a long list of requirements to guard against handheld machinery used in overhead work causing injury. While, OSHA Standard 1917.112 requires the use of toeboards around edges of walkways to prevent objects from rolling off and injuring people below. Workers have a right to request an OSHA safety inspection if they feel conditions are unsafe, and employers are forbidden from retaliating against workers that make such a request.

Ultimately, however, for workers covered by Georgia’s Workers Compensation Law, a determination of fault is ultimately irrelevant in most cases. This is because Georgia workers automatically receive benefits when they are injured on the job, regardless of who is at fault. However, compensation is also limited.

Georgia’s Workers’ Compensation Law

Workers’ compensation functions by providing workers injured on the job with automatic compensation for harm and with benefits if they become disabled. Workers’ compensation insurance also provides benefits to dependents if a worker dies as a result of a job-related injury. The tradeoff, however, is that workers are prohibited from bringing lawsuits against employers (or co-workers) if they suffer harm in the course and scope of their employment.

Determining whether workers’ compensation applies is often complicated. In the State of Georgia, any employer with three or more employees is required to carry workers’ compensation insurance. When jobs utilize contractors and subcontractors, it is often unclear at first whether a particular worker will be covered by the law. The experienced personal injury attorneys at Williams Elleby, help worksite accident victims navigate the law so that their rights are protected.

Non-Worker Victims of Harm

Non-workers are not covered by Georgia’s Workers’ Compensation Law. For instance, if a pedestrian strolling past a construction site is struck by a falling object, she is free to bring a negligence claim against the party or parties responsible for dropping the object. She could also bring a premises liability claim against the owner of the property where the injury occurred.

Premises Liability vs Negligence: Who is Responsible

When a non-worker is injured by a falling object, she can bring a claim against any responsible parties. Many times, the person who drops the object is not the owner of the property where the injury occurs. In this situation, an injured party could have claims against both the person who dropped the object as well as the property owner.

First, the claim against the person who dropped the tool would be a simple negligence claim. In pursuing this claim, a skilled attorney would examine whether the person who dropped the tool took reasonable precautions to guard against dropping the object. The attorney could look to OSHA standards that might apply to the jobsite in question. For instance, OSHA Regulations require that construction sites employee a number of fall protection measures when erecting or working on scaffolding. The attorney could then analyze whether the negligent party properly complied with the regulations to show that the worker did not act reasonably while completing work at the site.

Examples of Overhead Work Protection Measures:

OSHA Standard 1926.105 requires the use of overhead safety netting when work is completed more than 25 feet above the ground.
OSHA Standard 1910.145 requires the use of warning signs to warn of the risk associated with falling objects on a job site.
OSHA Standard 1917-112(d) requires the use of toeboards, or raised edges, to prevent items from rolling off of the edge while working overhead.

Second, there could be a premises liability claim against the owner of the property where the injury occurred. Premises liability claims can be brought when property owners are at fault for failing to keep dangerous conditions off their property. O.C.G.A § 51-3-1 provides that a landowner must take reasonable steps to keep its premises safe. Again, a skilled attorney could use the OSHA Regulations to show that the landowner was aware that work was taking place and failed to ensure that the proper safety protocols were met to prevent injury to people walking below.

Damages in a Personal Injury Suit

The final step in the process is determining the dollar amount of the injured person’s damages. Georgia personal injury law is intended to fully compensate victims for their harm. Compensation from a personal injury lawsuit, also called damages, is intended to pay for things like medical expenses, lost wages, and pain and suffering. In cases where a defendant exhibited intentional or reckless conduct, punitive damages may be available. However, injury claims covered by the Georgia Workers’ Compensation Law will be strictly limited to the compensation permitted under that law. Georgia Worker’s Compensation Law provides a specific award schedule that dictates how much a worker’s injury is worth.

However, when a non-worker is injured, the measure of damages is more fluid. A skilled attorney can utilize the injured party’s medical bills, along with evidence of missed time from work, and general pain and suffering to advocate for a more accurate measure of damages. The attorney is able to make specific arguments about how long it took for the injured party to recover. The length of recovery is important as the attorney can attach a dollar amount to the time spent recovering. Attorneys also rely on witness testimony and other evidence to paint a vivid picture of how the injury affected the injured party. This provides the jury with a detailed perspective of the injury and the suffering it caused.

Real World Experience

A few years ago, we were contacted by a man, Mr. Smith, who sustained a skull fracture when a tool hit him in the head while he was working at a retail store. Upon further investigation, we learned that Mr. Smith’s employer sent him to clean the floors at the retail store. Mr. Smith walked into a closet to get some supplies and was struck in the head by a falling tool. Unbeknownst to him, a man from another company was climbing a ladder inside the closet and dropped a tool, which struck Mr. Smith in the head.

This workplace injury involved all three claims we have discussed in this article- a workers compensation claim, a premises claim, and a negligence claim. First, Mr. Smith was on the job when the injury occurred. Therefore, we brought a workers compensation claim to obtain the benefits afforded to Mr. Smith under Georgia’s workers compensation system. Secondarily, we brought a premises claim against the retail store where Mr. Smith was working for failing to keep its premises safe. Finally, we brought negligence claims against both the worker who dropped the tool for failing to exercise due care in transporting the tool up the ladder and his employer for failing to adequately train its employee.

During the litigation, we argued that all parties involved violated multiple OSHA regulations on the date of the incident. We used those rules to point out that each of the defendants could have taken relatively simple actions to prevent this catastrophic injury from occurring. For example, the retail store could have required workers to post a sign warning of overhead work taking place or the worker climbing the ladder could have utilized a rope and bucket method to raise his tools up the ladder. As a result, we were able to successfully prove that the store, the worker, and the worker’s employer negligently breached their duty of care to Mr. Smith.

We also relied on the medical opinions of Mr. Smith’s treating physicians to prove that the tool hitting Mr. Smith caused his injuries. These opinions were crucial in proving Mr. Smith’s damages. We relied on these records to highlight the significance of the trauma, the need for surgical repair of Mr. Smith’s neck, and the permanence of his injuries. Normally, we would take a deposition of the treating physicians to elicit testimony as to whether the incident in question caused our client’s injury. However, here we were able to rely on Mr. Smith’s medical records because they clearly stated that Mr. Smith’s injuries were caused by the tool hitting him on the head.

We spent hours investigating and researching these issues to make sure we painted a clear picture of the injury, liability, and damages involved with this case. As a result, we utilized this information to secure a significant settlement for Mr. Smith that would compensate him for his injuries.

For More Information, Contact Williams Elleby Howard & Easter

Worksite accidents can be devastating, particularly when caused by falling objects. Victims need the support of qualified and experienced legal counsel on their side. The experienced personal injury attorneys at Williams Elleby Howard & Easter work hard to get accident victims the compensation they deserve.

Located in Kennesaw, Georgia, Williams, Elleby, Howard, & Easter serves clients throughout the State of Georgia. If you or a loved one has suffered an injury at a work site due to a falling object, the attorneys at Williams, Elleby, Howard, & Easter can help you understand what possible claims you may have and work to get you the compensation you deserve. To schedule a free consultation, call 833-534-2542 today.

$6,440,000 Personal Injury Verdict Awarded in Cobb County, GA

A judges wooden gavel is resting on top of the left side of a red hardcover book with the word LAW in gold writting writting with a white paper rolled into a scroll with the words Personal Injury wrtting on the scroll.

A Georgia jury in the State Court of Cobb County awarded a man post-apportionment damages of $3.45 million with an additional $1.84 million in attorney’s fees for injuries he sustained after falling into an unguarded concrete pit beside a golf course clubhouse in Hiram, Georgia.

Insurance Company Rejects Lower Settlement Offers

The verdict came after the Defendant’s insurer rejected numerous offers to settle for less than the insurance policy limits. Plaintiff’s counsel, Joel Williams of Williams Elleby Howard & Easter and Matthew Stoddard of The Stoddard Firm, said that multiple attempts to settle the case were made throughout the course of litigation, culminating with Plaintiff proposing a high-low agreement of $465,000 – $1.5 million after closing arguments (The high low agreement would have limited the Defendant’s exposure to $1.5 million [an amount within the insurance policy limits] if the verdict were for a higher amount but guaranteed the Plaintiff at least $465,000 if the verdict was for less). However, the Defendant’s insurance company declined all of Plaintiff’s offers to settle within its insured’s policy limits, forcing the case to trial and subsequent verdict.

The case was defended by Beth Bentley and Bill Casey of Swift, Currie, McGhee, & Hiers. Stoddard and Williams were complimentary of the professionalism displayed by Bentley and Casey. Williams’ stated, “Beth and Bill are excellent lawyers that did the best they could with a tough set of facts.”

Facts Leading to Fall from Unguarded Concrete Pit

The case initiated from an incident on February 6, 2021, when Plaintiff was invited to a country club in Hiram, GA to pick up his girlfriend who was the bar & grill manager at the club. The Plaintiff arrived at the bar and had some drinks while waiting for his girlfriend to finish her shift. As the bar was closing, Plaintiff’s manager/girlfriend asked him to go put some DJ equipment in his truck. The plaintiff walked outside and put the equipment in his truck. It was a cold and rainy night, so Plaintiff wanted to get back inside. He tried to re-enter the bar & grill, but the Defendant’s employees had locked all the doors and turned off all exterior lights. Plaintiff attempted to call his girlfriend to open the door.

When Plaintiff’s phone calls went unanswered, he decided to walk around the building and see if any other doors were unlocked. He made it around one side of the building when he fell nearly 12 feet from an unguarded retaining wall and into a concrete pit where he landed on his head, broke multiple bones, and sustained a brain injury. In this picture, emergency worker’s can be seen attending to the injured Plaintiff at the bottom of the dark and unguarded pit:

Plaintiff’s Injuries

Plaintiff was rushed to the emergency room where he spent nearly a week in the hospital. Upon release, he began treating with an orthopedic surgeon who eventually recommended that he undergo a cervical fusion surgery. He had the procedure and recovered well. However, his life was forever changed by the seriousness of his permanent injuries. Plaintiff’s past medical bills at the time of trial were about $362,000.00.

Defendant Failed to Act on Warnings

Testimony revealed that approximately four months prior to the fall, the Defendant hired a landscaping company to remove bushes and trees that acted as a natural barrier around the edges of the concrete pit. The bushes can be seen in this photo (sorry, the picture quality is poor but it is the best picture available):

At the time of removal, the landscape company warned Defendant that the pit was dangerous and that they should install a fence to guard the pit. There was also evidence that the unguarded pit violated municipal safety codes previously adopted by the City of Hiram. In additional to violating safety codes, the evidence showed that the Defendant had another concrete pit on the opposite side of its building that was guarded by a metal railing as shown in this photograph:

Furthermore, one of Defendant’s employees testified that she observed children playing tag near the pit. Another employee testified that Defendant discussed concerns about a drunk person falling into the pit at a management meeting prior to the fall. The Defendant’s owner, testified that safety was the company’s number one priority and that the Defendant intended to place a fence along the pit due to safety concerns. Despite all this, a fence was not installed before Plaintiff’s fall because it remained on a to-do “list” while the company completed other projects during its “slow season.” Shockingly, some of those other projects included installing decorative split rail fencing around other areas of the golf course.

The Defenses

Stoddard and Williams said the Defense asserted a plethora of defenses. The defense argued that Plaintiff was a trespasser who never paid for his drinks (despite testimony from the club manager that he saw a tab with Plaintiff’s name on it); that Plaintiff was drunk at the time of the fall; that Plaintiff should have used his phone’s flashlight to see where he was going; that Plaintiff was not allowed on the part of the property where the fall occurred; that Plaintiff left a path and walked through the woods to reach the pit; and finally, that Plaintiff’s spinal injuries were degenerative and not caused by the fall.

Trial Begins

Trial began on December 18, 2023, before Judge Jane Manning in the State Court of Cobb County. Plaintiff’s counsel relied on testimony from Plaintiff, his ex-girlfriend/bar manager, the landscaper, ex-company employees, and Plaintiff’s treating physicians. Defense counsel called two of the Defendant’s employees, along with a code expert, toxicology expert, and neurologist to dispute liability and causation.

In the lead up to trial and throughout, Plaintiff continued to make offers within Defendant’s policy limits to resolve the case. However, Defendants declined all of Plaintiff’s offers, never offering more than $585,000. After a four-day trial, the jury spent about five hours deliberating before returning a verdict for $4,600,000 in compensatory damages. The jury apportioned 25 percent of the fault to Plaintiff, reducing the total compensatory award to $3,450,000. The jury also found there was bad faith in the underlying transaction and awarded $1,840,000 in attorney’s fees pursuant to O.C.G.A. § 13-6-11. In awarding attorney’s fees, the jury found that the Defendant’s conduct demonstrated a conscious indifference to the consequences of its actions (i.e. failing to act on its admitted knowledge of the danger, its failure to heed warnings from its landscaping contractor, its failure to comply with code, and other things).

Stoddard and Williams agree that this is a very sad case involving serious life altering injuries and that this tragedy is made worse by the fact that the Defendant is now facing a judgment that exceeds its insurance limits due to its insurer’s refusal to accept multiple settlement offers within its insurance limits. Plaintiff’s counsel, Joel Williams, explained, “This is the perfect example of what happens when insurance companies refuse to protect their insureds. Insurance companies readily accept our premium payments but they often fall short when we need them to do what we pay them to do: Protect us, and our assets, when we face liability claims. Special interest groups love to blame lawyers for so-called “nuclear” or “excess” verdicts but the truth is that we would rarely see large jury verdicts if insurance companies would accept reasonable settlement offers and protect their insureds when they are given an opportunity to do so, as we did numerous times prior to the verdict in this case.”

Georgia Slip & Falls: What To Do If You Slip & Fall On Ice Or Snow

Woman slips and falls on an icy driveway.

According to the CDC, unintentional falls are the leading cause of nonfatal emergency department visits in the United States. When temperatures drop, the risk of slip and fall incidents increases dramatically. Colder weather means that Georgians will encounter more icy staircases and frozen puddles on sidewalks. This increased risk poses potential legal challenges for property owners and victims alike. In this post, we will explore the laws surrounding slip and fall incidents in Georgia due to icy conditions.

Premises Liability in Georgia:

To determine who is responsible for a slip and fall on ice, we must first understand the basics of Georgia premises liability law. Georgia law holds landowners responsible for maintaining safe conditions on their premises. O.C.G.A §51-3-1 states that an owner of land who invites people onto their property must exercise ordinary care in keeping the premises and approaches safe. This means that property owners should take reasonable actions to guard against danger on their property.

Types of Visitors:

However, the steps an owner must take depends on the status of the injured person at the time of the injury. The law places different duties on a landowner depending on the category of person who is injured. When you walk onto someone else’s property, you are either an invitee, a licensee, or a trespasser.

An invitee is a person who is invited onto the property by the owner for both parties’ benefit. An example of an invitee is a customer entering a business to make a purchase.
A licensee is a person on a property solely for her own interest. For example, Georgia law considers a social guest to be a licensee. See Stanton v. Griffin,361 Ga. App 205 (2021).
Finally, a trespasser is a person who enters another’s property without permission. Interestingly, a person can be considered a trespasser even if they enter another’s property accidentally. See Crosby v. Savannah Electric Co., 114 Ga. App. 193 (1966).

Duty to Visitors:

Georgia law provides different rules for landowners depending on the type of visitor. A landowner owes a duty of ordinary care to an invitee. See O.C.G.A §51-3-1. This means that a landowner must take reasonable steps to make sure his property is safe for any invitee that comes onto the property.

However, a landowner owes a lesser duty to a licensee. A landowner must not injure a licensee willfully or wantonly. Stanton v. Griffin,361 Ga. App 205 (2021). In other words, the owner is only liable to a licensee if he intentionally injures the guest or acts in an extremely reckless manner.

Finally, a landowner owes no duty at all to a trespasser. See Crosby v. Savannah Electric Co., 114 Ga. App. 193 (1966). Therefore, it is difficult, if not impossible, for a trespasser to recover for an injury sustained on someone else’s property.

Comparative Negligence:

We must also consider whether the injured party contributed to her injury. Georgia recognizes the doctrine of comparative negligence. This allows a jury to consider whether the plaintiff did anything wrong to contribute to the injury. The jury can then assign a percentage of blame to either party depending on how much each party contributed to the injury. See Clark v. Rush, 312 Ga. App. 333 (2011). Therefore, if the injured party is found to be partially at fault for not taking reasonable precautions, their recovery may be diminished.

Bringing a Claim for a Slip & Fall on Ice:

Now that we understand the law, let’s discuss how it applies to a slip and fall on ice. Georgia law says that property owners must take appropriate steps to make their property safe. Negligence on the property owner may arise if they fail to:

Monitor weather conditions: Property owners should stay informed about weather forecasts, especially in the winter months, and take preemptive measures to address potential ice accumulation.
Remove ice promptly: If ice does accumulate, property owners are expected to promptly remove or mitigate the hazard. This may involve salting walkways, clearing snow, or posting warning signs.
Warn visitors: In situations where the removal of ice is not immediately feasible, property owners must adequately warn visitors about the hazardous conditions.

Failure to take these reasonable steps could result in the property owner being held responsible for injuries that occur when someone falls. However, what is reasonable depends on the status of the person who was injured:

For an invitee, the property owner could be at fault for simply failing to recognize that the ice formed and failing to take steps to remove it.
However, a licenseewould not be able to recover unless she could show that the property owner intentionally put water on the sidewalk to cause the fall.
Finally, a trespasser likely would not have a claim for injury no matter the actions of the property owner.

After determining whether the property owner acted reasonably under the circumstances, we must also determine whether the injured party acted reasonably. In other words, did she do anything that contributed to her injury:

Did she recognize that there was ice on the sidewalk and decide to walk on it anyway?
Did she see a sign warning not to enter due to ice and enter anyway?
Was she distracted and not paying attention to her surroundings, which caused her to slip?

These are just a few examples of situations that could cause a jury to assign fault to the injured party and lower the amount she would recover based on Georgia’s comparative negligence rule.

Proving Liability:

To successfully pursue a slip and fall claim in Georgia, the injured party must establish the following elements:

Duty of care: The property owner owed a duty of care to the visitor.
Breach of duty: The property owner failed to meet the standard of care by neglecting to address the icy conditions.
Causation: The breach of duty directly caused the slip and fall incident and subsequent injuries.
Damages: The victim suffered measurable damages, such as medical expenses, lost wages, or pain and suffering.

We work through the invitee, a licensee, or a trespasser analysis to establish the duty of care that the property owner owed to the injured party. This involves asking questions to determine why the injured party was on the property at the time of the fall so that we can determine which category the person falls into. Once we know whether the injured party is an invitee, a licensee, or a trespasser we are able to determine the duty owed.

Subsequently, to determine whether the property owner breached her duty we examine the facts of the incident to determine whether the property owner acted with the level of care required under the duty analysis. For example, in the case of an invitee, we would try to determine how the hazard came to be on the property and whether the property owner took reasonable steps to protect against the hazard.

The next step is to determine causation. This simply means, did the hazard (the ice on the sidewalk) cause the injuries that the injured party is complaining of. Sometimes, this is very straightforward- a person slips on ice, falls, and breaks her arm. It is easy to understand that the fall caused the broken arm. However, in other situations, it is more complicated. For example, a person slips and falls on ice. Four days later, he starts having back pain. A year after that he has back surgery. In this situation, it takes months of examining medical records and talking with doctors to determine whether the fall on the ice caused the need for back surgery.

Finally, we examine the extent of the injury caused, the amount of medical bills incurred, any lost wages from missing time from work, and the overall pain and suffering to determine the total amount of damages caused by the fall. The damages calculation involves adding up all the losses the plaintiff sustained to determine the full value of the case.

Conclusion:

Navigating slip and fall incidents in Georgia resulting from icy conditions requires a careful examination of the circumstances and a thorough understanding of premises liability laws. If you find yourself in such a situation, seeking legal advice from an experienced personal injury attorney can be crucial in ensuring your rights are protected and justice is served. Call Williams Elleby Howard & Easter at 833-534-2542 to speak with an experienced attorney about your case. Be sure to check out our YouTube channel for our video on this topic and many more topics.

Premises Liability: Store Safety and the Holidays

A lit up christmas tree, surrounded by gifts, in an empty beige room.

The holidays are here, and stores are bustling with customers. During this busy time retailers must prepare their stores for a safe shopping experience and avoid exposure from premises liability claims.

Store Safety and Premises Liability

Many hidden dangers lurk when careless store owners are more concerned with moving inventory than keeping their property safe. Examples of these premises liability dangers include wet floors, falling inventory, poor lighting, and even criminals looking to prey on innocent shoppers. The National Crime Prevention Council provides great safety tips for last minute holiday shoppers.

For premises liability claims in Georgia, business owners and occupiers owe their customers a statutory duty to keep their premises and approaches safe. O.C.G.A. § 51-3-1. Whether a business owner exercises ordinary care in a particular situation is usually a question that must be decided by a jury if a lawsuit is brought for personal injuries. Robinson v. Kroger Co., 268 Ga 735 (1997).

In most cases, a premises liability claim can still be brought against the property owner even when the owner hires a third party to manage the property. This is called a “non-delegable duty.” However, if the owner surrenders full control to an independent contractor the landowner no longer owes the duties required by O.C.G.A. § 51-3-1. When this happens, the landowner is considered an “out of possession” landlord and the landowner will not be held liable for the third parties’ negligence.

Store Owner Responsibility

Despite these statutory duties, an owner or occupier is not an insurer of its customers safety. First Pacific Management Corporation v. O’Brien, et al., 184 Ga. App. 277 (1987). This means that the law requires the landowner to act in an ordinarily prudent manner to discover dangers and fix them. If the danger cannot be removed, a warning should be given. However, landowners are not obligated to warn against open and obvious hazards. For example, a business owner/occupier is required to warn customers when a floor is slippery from being mopped or recently waxed, but the business would not be required to warn a customer about rainwater near the store entrance during a storm. Roby v. Kroger Co., 219 Ga. App. 459 (1995).

The duty to keep a premises safe is not limited to physical defects on the property. Dangerous animals and persons can harm customers. If the conduct of an employee or third person is sufficient to pose threat of danger to customers, the business owner or occupier must act with care to intervene and prevent injury to innocent customers. A classic example of this is when a business is located in a high crime area and the business owner knows that innocent victims have been robbed in the past. A responsible business owner would hire security and install surveillance cameras to deter the criminals from preying on his customers. When the business owner does not act to deter the criminals from harming customers, the owner may be held liable for his or her negligence. Negligent Security Attorney Joel Williams has resolved several multi-million-dollar cases where innocent victims were harmed by others on a business’s property.

Customer Responsibility

Even though the owner or occupier of land must exercise ordinary care to keep his premises safe, the customer must also exercise care for his or her own safety. If the customer fails to exercise ordinary care for his own safety, his claim may be barred by the doctrine of contributory negligence. For example, if the customer sees a wet spot on the floor, then falls on it, he should not recover because he knew of the hazard and voluntarily encountered it. In Georgia, a Plaintiff cannot recover if he is 50% or more at fault for his injuries. O.C.G.A. § 51-12-33(g).

Premises Liability Claims: Superior Knowledge Rule

In all Georgia premises liability cases, the injured party must prove (1) the premises owner had actual or constructive knowledge of the hazard and (2) despite the exercise of ordinary care the plaintiff lacked knowledge of the hazard. Georgia courts often refer to this as the “superior knowledge rule.” If the owner has superior knowledge of the hazard and the hazard causes the Plaintiff’s injuries, the business owner is liable. Custer v. Coward, 293 Ga. App. 316, 319 (2008).

If you or a loved one has been injured on a business property due to the carelessness of the business owner, contact the attorneys at Williams Elleby Howard & Easter for your free case evaluation by calling 833-LEGALGA or 833-534-2542. If your injuries are serious, you may be entitled to substantial financial compensation.

The Georgia Recreational Property Act

Fall is the perfect season for spending time outdoors with family, especially in the beautiful state of Georgia. Camping, hiking, fishing and hunting are just a few popular outdoor activities that Georgia residents enjoy doing. However, few people actually own land that can be used for such purposes. Instead, most people use public land or use private land that has been made available to the public.

Great places to spend time outdoors in the North Georgia area include:

Kennesaw Mountainhttps://www.nps.gov/kemo/planyourvisit/things2do.htm
Lake Acworth http://www.n-georgia.com/acworth-beach-cauble-park.html
Red Top Mountain State Park http://www.redtopmountainstatepark.org
Lake Lanier https://www.lanierislands.com/
Amicalola Falls State Park http://www.amicalolafallslodge.com/

Great places to spend time outdoors in the South Georgia area include:

Kolomoki Mounds http://gastateparks.org/KolomokiMounds
Providence Canyon http://gastateparks.org/ProvidenceCanyon
Callaway Gardens http://www.callawaygardens.com/
Okefenokee Swamp http://okeswamp.com/
Georgia Veterans State Park and Resort http://www.lakeblackshearresort.com/ga-veterans-park/camping/

When someone in Georgia suffers an injury on land that has been made available for recreational purposes, however, the Georgia Recreational Property Act (GRPA) bars the injured person from suing the landowner in most cases.

The purpose of this law is to encourage landowners to make their land available for recreational activities. Without the GRPA, many landowners would close off their land to the public to eliminate their risk of liability, and in doing so cut millions of people off from the ability to enjoy their favorite outdoor activities.

Activities Covered by the GRPA

Only land made available for recreational purposes is covered by the law. Several notable activities, such as cycling and running, are not actually covered by the law. The law strictly defines “recreational purposes” as:

Hunting
Fishing
Swimming
Boating
Camping
Picnicking
Hiking
Pleasure driving
Nature study
Water skiing
Winter sports
Viewing or enjoying historical, archeological, scenic, or scientific sites

Exceptions to the GRPA

There are two major exceptions to the GRPA that landowners and outdoor enthusiasts should be aware of. The GRPA does not apply when there has been a “willful or malicious failure” of the land owner to guard people against a dangerous condition. Therefore, landowners that make their land available to the public still have a duty to take action to prevent harm when they are aware of a dangerous condition on their property.

The GRPA also does not apply when a landowner charges a fee for the use of the land. Landowners should remember that they forfeit their immunity under the GRPA if they charge any fee in exchange for permission to use their land; but if the fee is collected for some other purpose, the GRPA will still apply. For instance, if a land owner profits by selling goods on the same property, the GRPA will still provide immunity despite the fact that they are making money as long as the purchases are not required in order to use the land.

For More Information, Contact Williams Elleby Howard & Easter

While participating in outdoor activities is a fun way to spend your time, injuries may happen. If you suffer an injury while doing a recreational activity, or if you are a landowner making your property available to others for recreational purposes, it is important to be aware of the Georgia Recreational Property Act and to protect your legal rights accordingly.

The experienced legal team at Williams Elleby Howard & Easter has deep knowledge of all aspects of Georgia tort law and represents clients in personal injury cases all throughout the state of Georgia. If you have suffered a personal injury and would like to discuss your case, contact Williams Elleby Howard & Easter today at 833-LEGALGA to schedule a free consultation.

Amusement Park Safety

AMUSEMENT PARK SAFETY

Accidents happen every day at amusement parks around the country, including those in Georgia. Many times these accidents are caused by the avoidable negligence of the guest, the amusement park or both. While visitors should enjoy their time at the amusement park, safety should not become a second thought. Guests should prioritize their safety, and victims of amusement park negligence should be aware of their rights and seek justice.

AMUSEMENT PARK SAFETY TIPS

Know your limits. There are numerous health conditions that make riding on fast rides, such as a roller coaster, especially dangerous. Be aware of how a ride may interact with any health conditions you have. Have fun, but be cautious about putting too much stress on your body. This can have long-term effects on your health and well-being.

Respect warning signs. Assume the amusement park has foreseen a clear harm that is likely to occur if the signs are ignored. If you have children that are old enough to be left alone, make sure they understand the risks of not adhering to park rules. Reviewing park safety before you go your separate ways is key to keeping your child safe.

Never enter restricted areas. Do not assume that restricted zones are just glorified employee break areas. Odds are they aren’t places for employees to hang out, but are actually dangerous areas. Reduce your risk of injury by avoiding these areas.

NEGLIGENCE BY AMUSEMENT PARKS

Sometimes people are injured at amusement parks through absolutely no fault of their own. A recent example was seen in New Jersey, when the Six Flags log flume malfunctioned and sent two guests to the hospital. The boat tipped at an angle, causing it to not complete a cycle. Even though the injuries were minor, it was still no doubt a traumatic experience, not to mention a major inconvenience.

Many other cases end with much worse results. For instance, in July of 2021 an eleven-year-old boy, Michael Jaramillo, died while on a Raging River raft at Adventureland Theme Park. The raft malfunctioned and overturned about 20 seconds into the ride, causing the six passengers to have their heads stuck underwater until help arrived. Unfortunately, this is not an uncommon occurrence.

Whenever these types of accidents occur, victims are entitled to bring a claim against the amusement park or any other company in charge of maintaining the rides. In Georgia, these will normally be negligence or premises liability claims, which allege that the amusement park failed in its duty to keep patrons safe. If you would like more information about amusement park safety or to discuss your accident case, call Williams Elleby Howard & Easter, at 833-LEGALGA (833-534-2542)

Hotel Premises Liability Cases

Understanding Hotel Premises Liability Cases

Georgia is a unique state in terms of its geography, history and culture. According to the Georgia Department of Economic Development, our state welcomed a record 111.7 million visitors in 2018. Millions of these people stayed in our hotels, and Georgia tourism has become a $68.96 billion industry.

The hotel industry profits enormously from tourism and travel in Georgia. In return, hotels that do business in Georgia have a duty to keep their hotels safe for visitors. Despite this duty, thousands of personal injuries occur each year in Georgia hotels. Some of these accidents are unavoidable, and other times hotel patrons irresponsibly cause harm to themselves in ways the hotel can’t control. But in a majority of cases, a hotel is at fault for failing to maintain the safety of the hotel premise.

Georgia Premises Liability Claims Against Hotels

Premises liability claims in Georgia derive from Title 51 Chapter 3 Section 1 of the Official Code of Georgia. This law holds that when landowners invite others onto their property, including when hotels invite people to stay in the hotel, they must “exercise ordinary care in keeping the premises and approaches safe.” This duty of ordinary care means hotel rooms and other hotel spaces must be free from conditions that could cause harm. It also means hotels must take reasonable precautions to maintain hotel security and ensure areas like workout rooms and swimming pools are safe for guests.

When is a Hotel Liable for Injuries?

There are many instances in which a hotel may be liable, and there are a few cases that have taken place in our area. If you’ve been harmed because of an unsafe condition that existed in a hotel, you may be entitled to compensation. The key to determining if a hotel is liable for the harm depends on whether the hotel failed to “exercise ordinary care.” There are several important factors that go into this determination, including:

The condition that caused the harm must be dangerous or unreasonable
The hotel must have failed to remedy the condition and/or failed to warn hotel patrons about the risk, even though it had the opportunity to do so
The dangerous condition must have caused the harm

What is Involved in a Hotel Premises Liability Case?

These elements may seem simple, but hotel premises liability cases are often highly complex and hotly contested. Hotels will fight tooth and nail to avoid liability in court. Hotels that are a part of a larger chain may put up a particularly tough fight. Proving that a condition was dangerous and that it was the cause of the harm often requires expert witnesses and eyewitness testimony. In some cases, a medical expert may also be necessary to explain to the court exactly how the hotel defect caused the harm.

However, it is not enough to prove that a dangerous condition existed and caused the harm. A hotel must have negligently failed to fix the problem. This means it must be proved that a hotel knew or should have known about the condition and failed to fix the problem or warn patrons about it.

Georgia courts follow the “superior knowledge” doctrine, which holds that a hotel must have had superior knowledge of the dangerous condition when compared to the plaintiff. Therefore, if a plaintiff was aware of the danger but ignored the risk, the business may not be liable, even if they knew or should have known about the risk. Proving that a hotel could have or should have remedied the problem can also require large amounts of evidence, such as hotel records or surveillance footage.

If You’ve Been Injured While Staying at a Georgia Hotel, Call Williams Elleby Howard & Easter Today to Discuss Your Case

If you or a loved one has been injured in a Georgia hotel, the legal team at Williams Elleby Howard & Easter can help you get the compensation you deserve. Williams Elleby Howard & Easter offers free consultations and accepts cases on a contingency fee basis. Located in Kennesaw, Georgia, Williams Elleby Howard & Easter represents clients in all areas of Georgia. To discuss your case, call 833-LEGALGA (833-534-2542).

Responsibilities of “In Possession” and Absentee Landlords

Blue image of words: Landlord Premises Liability.

In Georgia, landlords are required by law to meet certain safety and maintenance requirements. When a landlord negligently fails to keep his premises reasonably safe for use and someone is injured or killed while they were on or near property, they may be able to file a premises liability lawsuit against the landlord. In Georgia, landlord premises liability lawsuits and the recovery of damages depends on whether a landlord is an “absentee” or “in possession” landlord.

What Is an “In Possession” Landlord?

An “in possession” landlord is either a person or entity that occupies the property or otherwise maintains substantial ownership and control over the property, even after it is rented out to a tenant. Reserving the right to periodically inspect the property does not usually constitute being “in possession” of the property.

Responsibilities of an “In Possession” Landlord

A landlord that is “in possession” of a property is usually governed by the stricter standards that apply to property owners. Georgia law states that a property owner must exercise ordinary care to keep a property safe for any “invitee” who approaches, exits, or is present on the property.

An invitee is one who is induced by express or implied invitation to come onto an owner’s property. During the term of their lease, a tenant would be an invitee of the apartment, condominium, or office building where they live or work. Under this standard, the landlord owes a duty of care to keep his premises safe. He is liable for damages when injuries are caused by his failure to exercise ordinary care.

The duty to keep premises safe is not limited to just the construction and maintenance of buildings or other physical structures located on the property. The owner/landlord is obligated to keep outside ramps and stairs, driveways, sidewalks, curbs, and parking lots in good repair. For any lawns, landscaping must also be kept in a safe condition. Additionally, Georgia courts have held that the duty to keep premises safe may also include the obligation to provide adequate security and required fire protection.

What Is an Absentee Landlord?

An absentee landlord is either a person or entity that owns and then rents out property. If the landlord does not occupy the property and does not exercise much day-to-day control over the property, they are considered to be “not in possession” and therefore absent. Simply put, if the landlord does not live, reside somewhere on the property, or access the property most days, they are an absentee landlord.

Responsibilities of an Absentee Landlord

Georgia statute states that when a landlord is not in possession of rental property, his or her liability is limited to those damages from “defective construction” or from failure to “keep the premises in repair.” This is a lower standard of care than would be required if they were in possession of the property.

Defective Construction

An absentee landlord may be liable for defective construction if they:

Did the construction work themselves;
Directly supervised the construction work; or
Had knowledge of the defective construction.

Keeping the Premises in Repair

In addition to construction defects, injuries can also occur when a landlord fails to repair a hazardous condition on the property. In order to be liable for failure to repair, Georgia courts have generally found that the landlord must have had knowledge of the hazardous condition needing repair. If the landlord knew about a potentially hazardous condition and did not take steps to repair it within a reasonable amount of time, the landlord may be found liable for resulting injuries. In some cases, landlords have also been found liable for hazards they should have known about based on performing regular inspections.

For More Information, Contact Williams Elleby Howard & Easter

If you, a friend, or a family member have been injured while on someone else’s property, contact  Williams Elleby Howard & Easter, to schedule a free consultation by calling 833-LEGALGA.