Is a Real Estate Broker Liable for Someone Injured During a House Viewing?

Georgia’s premises liability law holds that an “owner or occupier” of land who invites others to come onto their property for a lawful purpose is liable for any injuries sustained by that person due to the owner’s failure to “exercise ordinary care in keeping the premises and approaches safe.” In simple terms, if a person invites you into their home or business, and you are hurt due to safety hazards the owner should have known about and corrected, you can sue them for damages.

Georgia Court of Appeals Distinguishes Buyer’s Agent Showing from “Open House”

In most cases, the “occupier” of a property is either the owner or someone who rents or leases the property from the owner. For example, if you are hurt in a slip-and-fall accident while shopping in a store that is inside of a strip mall, you would normally sue the owner of the store who leases the premises, not the commercial landlord who owns the building.

But what if an accident occurs on a property that is up for sale and under contract to a real estate agent or broker? Could the broker be held responsible if someone is hurt while showing the property? A recent Georgia Court of Appeals decision, Kidd v. Metro Brokers, examined this question for the first time in this state.

This case involves a woman who died following a slip-and-fall accident that occurred during the viewing of a home that was listed with the defendant broker. At the time, the victim and her husband were accompanying their adult son, to look at the property, which the son was thinking about buying. The son was working with another defendant, who was a real estate agent.

During their visit, the victim missed a single step on a staircase, fell, and struck her head. Shortly after being taken to the hospital, the victim fell into a coma. She never woke up and died approximately two weeks later.

The victim’s widower subsequently filed a wrongful death lawsuit. The trial court held, however, that real estate agents and brokers were “exempt” from Georgia’s premises liability law. The Court of Appeals agreed that in this particular case, neither the broker nor the agents were “occupiers” of the property subject to a premises liability claim. But the Court left open the possibility that a broker or agent might be liable for such injuries in other cases.

Basically, the issue here was that no evidence suggested that the brokers or agents “exerted control over the property such that they could possibly be considered occupiers.” Such control could exist in a situation such as an “open house,” where potential buyers might reasonably expect the broker or listing agent to be familiar with the property, including knowing about any potential safety defects. But in this case, there was no open house. It was a “routine” showing by an agent representing the buyer, not the seller.

Contact The Spizman Firm Trial Lawyers Today

If you, or someone that you care about, has been hurt in a slip-and-fall accident on someone else’s property, it is important to seek out advice from a qualified Atlanta personal injury lawyer regarding your ability to seek appropriate compensation. Contact The Spizman Firm Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

efast.gaappeals.us/download?filingId=5a77e74a-bec0-4f3a-86ee-ae8a576f4b0e