A house on a the corner of a neighborhood under a dark sky, being lit up by a streak of bright lightning.

Weekend Lightning Storm Causes Blackouts in Cobb County

Lightning storms in Cobb County on Sunday, July 11 left thousands without power, WTVM Atlanta reports. High winds felled trees against power lines, which led to the blackouts. DeKalb County residents were also hard-hit by the power outages. As of Monday morning, over 2,000 Georgia Power customers were still without power across the Atlanta metro area. Most of the power loss occurred in the southeastern part of the area. On Twitter, Georgia Power reported that over 25,000 customers were without power at one point during the electrical storm.

Tree Falls and Fires Damage Area Homes

In addition to power loss, the storm caused damage to homes and commercial buildings. One family in Cobb County had a tree fall through their roof, causing insulation from the ceiling to fall on their two-year-old daughter, who was lying in bed. The parents’ bed was also covered with broken glass. Lightning also led to house fires, with three house fires in Cherokee County linked to the storm, according to The Tribune Ledger News. Fortunately, none of the house fires led to reported injuries.

Owners Must Keep Property Safe for Visitors

With so many hazards arising from severe weather, injuries are likely. But if someone is injured in a house fire or by a fallen tree while on someone else’s property, who is responsible? It depends on whether the owner was negligent (that is, failed to take reasonable steps to prevent foreseeable injuries), and what kind of relationship the injured person has to the owner. Section 51-3-1 of the Georgia Code provides that if an owner invites someone to their property, they must take reasonable steps to keep the property safe. In Section 51-3-2, the Code states that if someone is permitted on the property but not invited (like a delivery worker), then the owner does not have the same obligation as a business invitee. However, the owner will be liable if they do something intentional or reckless that hurts the person.

Storms sometimes injure people in ways that no one can prevent.  But once the owner knows of a possible hazard, they have a responsibility to take reasonable steps to prevent injury. In other words, they might be held responsible for the weather, if their negligence causes their guest to be exposed to unnecessary harm.

Building Owners Are Responsible for Lightning Safety

How would Georgia law apply to a violent storm that causes a building fire and injures someone (like a customer) whom the owner (say, a business owner) has invited onto the property?  The business owner is generally responsible to the customer for keeping their property safe through measures like cleaning, repairs, and posting notice of any hazardous conditions.  If the owner could have taken reasonable steps to decrease the risk from a storm or lightning and didn’t, they may be responsible for their customer’s injuries. For example, the building code may require that structures of a certain height have a lightning rod. If the building fails to meet this requirement and is struck by lightning, the owner may be responsible for injuries that result to his customers from an ensuing fire.

Get Legal Help

If you or someone you know has been hurt in an accident, you may need legal help. Contact a premises liability lawyer at Williams Elleby Howard & Easter in Cobb County and find out about your options.

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