What Is an Apartment Complex Owner’s Duty to Inspect Their Premises?

Georgia’s premises liability laws hold property owners responsible for certain injuries sustained by “invitees,” i.e., persons invited upon the premises for any lawful purpose. With respect to such invitees, the property owner must “exercise ordinary care in keeping the premises and approaches safe.” This includes having procedures in place to conduct regular inspections of any public area where an invitee may travel on the property.

Judge Sends Injured Tenant’s Lawsuit Against Landlord to Jury

Of course, property owners are often quick to try and shift the blame to the invitee when an accident does occur. This is where the details of a particular slip-and-fall accident can make a significant difference in the outcome of a personal injury lawsuit. A recent decision from a federal judge here in Georgia, Crutchfield v. PM Tara Jonesboro, LLC, provides a helpful illustration of this point.

The plaintiff in this case is a tenant at an apartment complex owned by the defendant. One night, he returned home and found his neighbors were hosting a party. This led to a crowding in the apartment complex’s parking lot. So the plaintiff decided to park about 10 spaces away from where he normally parked.

There was no sidewalk or other concrete path where the plaintiff parked. He decided to walk through a grassy area that led towards his building. Unfortunately, as he walked through the grassy area, he stepped into a hole in the ground, fell, and broke his right leg.

The plaintiff subsequently filed a personal injury lawsuit against the defendant, seeking compensation for his medical bills and other losses arising from the falling accident. The defendant moved for summary judgment. In effect, the defendant argued the plaintiff failed to establish any duty the defendant owed him under Georgia law.

The judge denied the motion and held the case could proceed to trial. The court noted that the plaintiff presented sufficient evidence for a jury to conclude the defendant failed in its duty to regularly inspect its property for hazards, including the hole where the plaintiff tripped and fell. Notably, the defendant had a written policy “to conduct daily maintenance inspections for potential hazards,” and in response to the plaintiff’s pre-trial questions, the defense could not confirm that such inspections were performed on the day of the accident.

The judge also rejected the defendant’s claim that the defendant failed to exercise reasonable care for his own safety just before the fall. As previously noted, the defendant chose to park in a different space and walk across the grass due to his neighbor’s party. The judge said a jury could find the plaintiff’s actions were reasonable under the circumstances and did not cause or contribute to his injuries.

Contact Hawkins Spizman Trial Lawyers Today

A simple slip-and-fall accident can raise a number of complex factual and legal issues that may need to be sorted out in court. A qualified Atlanta personal injury lawyer can guide you through this process and help you secure proper compensation for your losses. Call Hawkins Spizman Trial Lawyers today. We serve clients throughout Georgia including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek and Sandy Springs.

Source:

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