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Georgia Apartment Building Accidents, Lawyers and Lawsuits


April 12, 2018

Georgia Apartment Building Accidents

Tenants and their visitors and guests have the right to be free from injury when living in or visiting an apartment building in Georgia. Georgia law instructs the owners or occupiers of apartment buildings to keep the premises free from hazardous conditions, both inside of the building and on the outside. The failure to protect from harm a lawful invitee or someone who is the apartment building can lawfully expose the landlord to legal liability in Georgia. 

The responsibilities of a landlord in Georgia to protect their tenants and the tenants' guests from harm stems from the landlord's obligation to maintain their property in a reasonable and safe condition. Moreover, the failure of a landlord to keep their apartment house safe for tenants may result in a violation of the warranty of habitability, a doctrine in property law. 

However, the duty of a landlord to keep his or her tenants safe from defects in the apartment building goes beyond satisfying Georgia's warranty of habitability. Under Georgia law, landlords must:

  • Keep stairways and hallways clear and free of debris and free of defects that could injure another person,
  • Make sure that all elevators are in good, working order,
  • Ensure that stairwells, parking lots, the property belonging to the building, and all other areas are well-lit,
  • Protect their tenants from criminal acts by third parties that are foreseeable,
  • Protect tenants from animal attacks,
  • Make repairs promptly when notified of a safety issue by a tenant,
  • Comply with state and local health, safety, and fire codes, and
  • Comply with Georgia's lead paint requirements.

Some accidents occur in apartment buildings more frequently than others. Some examples of accidents which could subject the landlord to liability for damages are:

  • Security breaches,
  • Slip and fall injuries. For example, landlords must keep the approaches to the building free from debris and keep and in good repair, so no one gets hurt entering or leaving the building,
  • Drowning or other injuries stemming from an accident at the swimming pool on site,
  • Falls on staircases due to the landlord's failure to keep the stairway free from defects,
  • Balcony collapse,
  • Stairway railing collapse, and
  • Animal attacks.

It is important to note that under Georgia law, the landlord is not liable for damages to a third-party caused by an unlawful or negligent act by the tenant. However, the landlord must keep third-parties safe from premises defects.

A landlord is not automatically liable for an accident merely because it happened on the landlord's property. The landlord must have notice about the dangerous condition. Proof of knowledge may be made, by way of example, with direct evidence that one person warned the landlord about a problem. 

A tenant may also meet the knowledge requirement with evidence that the landlord had "constructive knowledge" of the defect. A tenant may demonstrate constructive knowledge of the unsafe condition by showing that regular inspection of the premises would have revealed the defect. The problem must also exist for sufficient time to give the landlord a chance to observe the problem first-hand and then have an opportunity to fix it. 

Put Our Law Firm's Over 36 Years Of Legal Experience To Work For Your Case!

If you have been injured because of someone else’s negligence, call Montlick & Associates, Attorneys at Law for your free consultation today. Montlick & Associates, Attorneys at Law has been representing those who suffer serious injuries throughout all of Georgia and in the Southeast for over 36 years, including but not limited to Albany, Athens, Atlanta, Augusta, Columbus, Gainesville, Macon, Marietta, Rome, Roswell, Savannah, Smyrna, Valdosta, Warner Robins and all smaller cities and rural areas in the state.

No matter where you are located our attorneys are just a phone call away, and we will even come to you. Call us 24 hours day/7 days a week for your Free Consultation at 1-800-LAW-NEED (1-800-529-6333). You can also visit us online at Montlick.com and use our Free Case Evaluation Form or 24-hour live chat.

Montlick & Associates, Attorneys at Law
17 Executive Park Dr NE
Atlanta, GA 30329
Telephone: 1 (800) LAW-NEED
Telephone: 1 (404) 529-6333

Sources:

https://law.justia.com/codes/georgia/2016/title-44/chapter-7/article-1/section-44-7-14/
https://law.justia.com/codes/georgia/2016/title-51/chapter-3/article-1/section-51-3-1/
https://law.justia.com/codes/georgia/2016/title-51/chapter-3/article-1/section-51-3-2/
https://www.georgialegalaid.org/files/6FCBD72D-B465-109D-9EC1-5A4F52A74EE9/attachments/C4D05820-42F0-4E87-BEFA-31745BC01919/georgia_landlord_tenant_handbook.pdf
https://www.montlick.com/montlick-blog/personal-injury/2342-an-overview-of-georgia-premises-liability-law

Category: Personal Injury

Please Note:
Many of our blog articles discuss the law. All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different, and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.