Tag: battery

Were you injured or a crime victim on someone else’s property?

Posted by Jeff on
an example of an invitee

If you slip and fall or a rape victim on someone else’s property, the reason why you are on the property matters. Whether you can recover for your injuries often turns on your relationship with the property owner. The law has fancy words to describe the different types of relationships, which we cover below.

The first type of relationship, that of a trespasser, is easy to understand. A trespasser is someone who goes onto someone else’s property without invitation or permission. An example is if someone breaks into your house. If the trespasser gets hurt, you are responsible only if you intentionally tried to hurt the trespasser. This becomes relevant in a landlord-tenant situation. If a lease does not identify a tenant, arguably the tenant is a trespasser and will have a tough claim against the landlord. However, this can be overcome if the landlord knew the tenant was living on the property but took no action.

The next step up is a licensee. This is a person invited onto the property as a social guest but who does not provide a benefit to the owner. A licensee is on the property only for his own convenience. O.C.G.A. § 51-3-2. So, if you invite a friend to your house, your friend is an invitee. If a licensee is injured, the property owner must exercise reasonable care to prevent injury.

Finally, there is what is known as an invitee. An invitee is a person who is invited and provides benefit to the owner. An example is if you go to Publix to buy groceries. You have been invited by the Publix onto the property and are benefiting Publix by buying groceries. With regard to an invitee, a property owner must exercise ordinary care to keep the property safe. This is a higher standard than a licensee. And requires the owner to inspect its property to make sure it is safe for its customers.

If you are injured or are a crime victim on someone else’s property, please call us. Our number is (404) 382-9991.

Landlords’ Responsibility For Injuries to Non-Tenants

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A recent Georgia Court of Appeals case examines the issue of a landlord’s liability for injuries to non-tenants. The case, Forsh v. Williams, 321 Ga. App. 556 (2013), involved a non-tenant injured by a tenant’s dogs. Typical injuries include trip and fall, dog bite cases, and assault and battery by a tenant. 

Landlord Negligence

The injured non-tenant alleged a landlord was negligent and reckless in failing to adequately screen his tenants. Failing to enter into an agreement whereby the tenants were not allowed to keep vicious dogs. Failing to adequately inspect the premises. And failing to comply with legal requirements under state and federal law for owners of rental property. The injured party also alleged the landlord failed to keep the premises in repair – as required under OCGA § 44-7-14 – by not installing an appropriate gate on the deck from which the dogs escaped, and failing to install fencing in the yard after knowing of the presence the dogs.

Under Georgia law, to be liable for injuries to third parties, out-of-possession landlords are responsible to third parties for defective construction or failure to keep the premises in repair.

Liability for Injuries to Non-Tenants

OCGA § 44-7-14, entitled “Tort liability of landlord,” provides: “Having fully parted with possession and the right of possession, the landlord is not responsible to third persons for damages resulting from the negligence or illegal use of the premises by the tenant, provided, however, the landlord is responsible for damages arising from defective construction or for damages arising from the failure to keep the premises in repair.”

If the landlord fixes defective construction and keeps the property in repair, the landlord may be immune from claims from non-tenant third parties under OCGA § 44-7-14. However, if the landlord is aware the tenant is creating a hazard. In other words, the injury to the non-tenant is foreseeable to the landlord, a landlord can be held liable. 

Court Ruling

So what did the court of appeals do? The court mainly focused on procedural issues. Reversing the trial court and finding the landlord was not entitled to an outright dismissal early in the litigation. In favor of the landlord, the court ruled against the injured party on her claim under 42 USCS § 1437 et. seq., commonly referred to as Section 8. The injured non-tenant alleged landlord failed to comply with Housing Quality Standards requiring adequate infrastructure to keep the vicious dogs confined either on the deck, in a suitable fence, or otherwise. The Court of Appeals found this federal statute couldn’t be a basis for liability. And the non-tenant’s claim was limited to OCGA § 44-7-14.

If you have any questions about Georgia landlord liability for injuries, please call us at 404-382-9994. We have over twenty years of experience handling these cases.