Articles Posted in Premises Liability

Under Georgia law, a property owner who invites members of the public onto their premises can be held liable for “damages to such persons” caused by the owner’s “failure to exercise ordinary care in keeping the premises and approaches safe.” Normally, this duty cannot be delegated to third parties. If the owner leases the property to another–that is to say, a landlord gives “full possession and complete control” to a tenant–then the tenant assumes the responsibility for keeping the premises safe for invited guests.

Sherwood v. Williams

Recently, the Georgia Court of Appeals addressed a case involving the relative liability of landlord and tenant for an injury caused to a third-party invited guest. The landlord here owned an auto body shop. He leased part of the shop to a tenant. More precisely, the lease covered the “front repair and maintenance area” of the shop, which included three repair bays, together with associated office space and parking. The lease also included an indemnification clause, holding the landlord “harmless for any liability or damages” caused by the tenant’s operations “or otherwise” to any third party.

It is well understood that in Georgia, a store owner is liable for injuries caused by hazardous conditions on store premises. But what exactly do we mean by “premises”? For instance, if you are walking down the aisle of a supermarket and slip on a puddle of water, there is no question that you are on the store owner’s premises. But suppose your slip-and-fall occurred in the parking lot adjacent to the store? Is the store owner still legally responsible?

Boyd v. Big Lots Stores, Inc.

A July 31 decision by the Georgia Court of Appeals helps explain how the law works in this area. This case involved a personal injury claim brought against a well-known national retailer. The plaintiff was shopping at one of the defendant’s stores, which is located in a larger retail shopping center. As the plaintiff exited the store and headed for her car, she slipped and fell in the parking lot. She suffered injuries as a result of the fall and sued the store owner for damages.

When bringing a premises liability claim in Georgia, a plaintiff does not have to establish that the defendant had actual knowledge of the hazard that caused the plaintiff’s injury. Instead, the plaintiff can show the defendant had “constructive” knowledge. Basically, this means the defendant should have known about the hazard, either because there was a prior history of similar accidents, or the defendant failed to maintain a reasonable inspection program for their property.

Knoeferl v. Cracker Barrel Old Country Store, Inc.

Here is an illustration of what this means in practice. This is taken from a recent decision by a federal judge in Augusta in an ongoing personal injury lawsuit. The plaintiff had gone to the defendant’s restaurant for lunch. While walking back to her car following her meal, the plaintiff fell over an “indentation in the pavement,” causing her to break her femur. She subsequently sued the defendant for its alleged negligence in failing to properly maintain its parking lot.