Marietta injury lawyer

Georgia Landlord Not Responsible for Deck Collapse at Party

March 31, 2017 | Benjamin S. Persons, IV

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.

Victim Cannot Sue Because He Saw Hazard Two Weeks Before Accident

April 14, 2015 | Benjamin S. Persons, IV

The Georgia Court of Appeals has made it more difficult for persons injured on other people’s property to bring a premises liability claim. In a March 30 decision, a divided appeals court upheld a trial judge’s decision to grant summary judgment in the case of a man injured while working on someone else’s land. The dissenting judges accused the majority of usurping the traditional fact-finding role of the jury in such cases.

Seago v. Estate of Earle

The plaintiff in this case was hired to install a fence. To complete the work, the plaintiff routinely had to drive to a tool shed at the back of the neighboring property. On his first day on the job, the plaintiff noticed there was a chain up between two trees, restricting access to the client’s property. Although the plaintiff noticed the chain was down during subsequent trips to and from the shed, about two weeks into the job, he was traveling in his four-wheeler through the area when he collided with the chain, which was now up again. The collision caused the plaintiff serious injuries.

Appeals Court Says Insurer May Be Liable for Teenager Injured in ATV Accident

April 7, 2015 | Benjamin S. Persons, IV

If someone is injured on your property and sues, you naturally expect your insurance company will cover any damages. But insurance policies are complex contracts often containing multiple exclusions, which could leave you on the hook for a large award. That is why it is important to understand every term used in an insurance policy, as any ambiguity may lead to litigation between you and the insurer over just what the policy covers. A recent decision by the Georgia Court of Appeals illustrates this problem in greater detail.

Partin v. Georgia Farm Bureau Mutual Insurance Company

The victim in this case was a 14-year-old girl visiting her mother’s boyfriend’s farm in Georgia. The boyfriend owned an all-terrain vehicle he used in the course of his farm work. He often allowed the girl to use the vehicle with his permission. On the day in question, the girl and one of her girlfriends had asked to use the ATV, but the owner refused because he was heading out to the store and did not want the girls driving the vehicle unsupervised. The girls ignored this, and after the owner left, they found the keys and took the vehicle out. While the girlfriend was driving, she lost control of the vehicle while attempting a curve, throwing her from the ATV and severely injuring her feet.