When Is a Commercial Landlord Responsible for an Accident in Georgia?
When you visit a store or other commercial establishment during normal operating hours, the business owner has a legal responsibility to keep their premises in reasonably safe condition. This includes identifying and remedying and potential safety hazards that might injure a customer or other invited guest. But if the establishment is itself renting the premises, can the landlord also be held responsible?
Georgia Hair Salon’s Landlord Not Liable for Falling Hairdryer
In most cases, the answer will be “no.” A recent Georgia Court of Appeals decision, High West, LLC v. Reese, provides a useful illustration. In this case, the plaintiff visited a local beauty salon for a hair appointment. During her visit, the plaintiff was injured when a wall-mounted hairdryer detached from the wall and fell. The plaintiff subsequently filed a personal injury lawsuit against a number of parties, including the hair salon’s commercial landlord.
The landlord moved to dismiss the case at summary judgment, arguing it could not be held liable for the plaintiff’s injuries as a matter of law. The trial court denied the motion, prompting an appeal. The Court of Appeals subsequently reversed the trial court, holding the commercial landlord was not legally responsible for the accident.
The Court of Appeals explained how the law works in this area. Essentially, Georgia law states that when a landlord has “fully parted with possession and the right of possession” to property, said landlord is “not responsible to third persons for damages” arising from the tenant’s negligence. There are exceptions for damages arising from the landlord’s defective construction of the property or its “failure to keep the premises in repair,” neither of which applied to this case.
Instead, both the plaintiff and the trial court relied on the terms of the hair salon’s lease, which provided the landlord would keep and repay certain designated items, to suggest the landlord had not “fully parted with possession” and retained certain duties to inspect the leased property. The Court of Appeals rejected that interpretation. It found the lease only covered fixtures installed by the landlord, such as plumbing. It did not cover fixtures installed by the tenant, such as the hairdryer. And in any event, the tenant never requested the landlord inspect or repair the hairdryer, so it was never on notice of a potential defect that could subject it to liability.
To be clear, the plaintiff can still proceed with her personal injury claims against the hair salon and other parties. The Court of Appeals’ decision focused solely on the commercial landlord’s potential liability.
Contact The Spizman Firm Trial Lawyers Today
When you are injured on someone else’s property, it can take some time to sort out who may be held legally responsible for your medical bills and other losses. An experienced Cobb County personal injury lawyer can provide you with invaluable guidance and representation in this area. Call The Spizman Firm Trial Lawyers today to schedule a free consultation. 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=892d327a-9c8f-4992-a8e7-4fe0ab4d9181
