When Is a Georgia Homeowner Liable for Slip and Fall Accidents on Their Property?

We often talk about personal injury cases involving slip and fall accidents that occur on commercial or public property. But what about a private residence? In other words, if you are injured in a slip and fall accident that occurs while you are visiting someone else’s home, is the homeowner legally responsible for your damages?

The answer to that question largely depends on whether you are considered an invitee or licensee of the homeowner. Under Georgia law, a licensee is someone who is lawfully on the property for their “own interests, convenience, or gratification.” In contrast, an invitee is someone who is there for either the benefit of the property owner or the mutual benefit of both parties.

The law imposes a higher duty of care on property owners with respect to invitees. Specifically, the owner must exercise “ordinary care” to keep the premises in reasonably safe condition for invitees. With respect to licensees, however, the owner has a lesser duty to prevent “willful or wanton injury.”

Grandmother’s Lawsuit Against Granddaughter Revived

So how do these rules play out in a real-world scenario? A recent Georgia Court of Appeals decision, Adams v. Lee, provides a useful example. In this case, the plaintiff sued her granddaughter and her husband (the defendants) after she was injured in a slip-and-fall accident at their home. The defendants had rented their home for several years. There was a known problem with a leaky roof. While the defendants said they told the plaintiff about this issue, they never specifically told her where the leaks occurred or advised her to be careful in the event of rain. For her part, the plaintiff denied she was ever told about any issues with roof leakage..

One day, the plaintiff visited the defendants’ home to care for her two-year old great-grandson. The plaintiff was alone in the house with the child. After putting the child down for a nap, she went to open the front door for her son, who was visiting, when she slipped and fell on rainwater that leaked into the home overnight.

The plaintiff subsequently filed her personal injury lawsuit. The trial court actually dismissed the case at summary judgment based on its finding the plaintiff was a “licensee” rather than an “invitee.” The Court of Appeals disagreed and returned the case for trial. The appellate court noted the plaintiff was on the property primarily for the benefit of the plaintiffs, i.e., to babysit their son. At the very least, both parties benefited from the visit. As such, the defendants owed the plaintiff a duty to “exercise ordinary care” about the risk of the leaky roof.

Contact The Spizman Firm Trial Lawyers Today

Whether your slip and fall occurs at the store or while visiting someone’s home, it is important to seek out timely legal advice regarding your right to seek compensation for your injuries. Our Cobb County personal injury lawyers are here to help. 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=ba6fe996-15c9-4687-9557-65faec90335e