Landlord Liability for an Injured Tenant Under Georgia’s Premises Liability Law

If the injury occurs as a result of the tenant’s negligence or illegal activity that occurs on the property, then the landlord generally can’t be found liable. Under the statute, the injury has to have occurred as a result of the landlord’s negligence or defective construction and not due to the tenant’s conduct.

This is true in both residential and commercial circumstances. For example, a commercial landlord of a grocery store might be found liable for a slip and fall injury if evidence shows that:

The same commercial landlord would likely not be held liable, however, if an employee or customer spilled something on the floor shortly before the accident and that was the cause of the slip and fall injury. Here, the court will likely find that no negligence occurred on the part of the landlord since there wasn’t reasonable time to clean up the spill, and so there is no liability.

In addition to the statutes cited above, landlords should be aware of individual building codes and other property laws that they need to follow in order to remain compliant. Towns, cities and counties throughout Georgia have their own distinct laws that landlords must follow in order to prevent being held liable in an injury lawsuit.

Under the applicable statute, GA Code § 51-3-1, the landlord “by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Another important consideration is what specific language exists in the lease agreement between the landlord and tenant. Although the landlord can’t disclaim premises liability in the lease agreement, many residential and commercial responsibilities between landlords and tenants are defined more thoroughly or even broadened, in the lease agreement.

The lease may indicate what improvements or changes the tenant is permitted to make to the property, or when and how the landlord is allowed to inspect the premises. The lease should also indicate who is responsible for repairs and maintenance on the property, as well as notice requirements pertaining to such repairs and maintenance. The terms of a lease can’t fully release a landlord from liabilities and responsibilities pertaining to safety and repair, however.

When an injury occurs on leased property, the best way to determine your rights is to consult a premises liability attorney. It is important that you arm yourself with the right legal knowledge and understanding about the law, and that is where having an experienced attorney in your corner can be the right move.

Premises liability is a complicated legal area, but the right attorney will help you determine whether or not you have a case if you’ve been hurt.