Recently, an appellate court reversed a lower court’s decision to grant the summary judgment motion of a property management in a Georgia slip-and-fall lawsuit. The case stems from an accident where a 60-year-old woman slipped and fell at her apartment complex. According to the facts as laid out by the court, the plaintiff was walking to get the mail when she tripped on an undetermined obstruction.
Evidently, the plaintiff sued the owner of the complex and the property management company under a premises liability theory. The trial court denied the owner’s motion for summary judgment but granted the property management company’s motion. The woman appealed the decision and argued that the property management company should be liable because they had sufficient control over the property.
Under Georgia law, owners and occupiers have specific statutory duties to the property they control. These individuals and entities must exercise “ordinary care in keeping the premises safe”. In certain instances, property management companies are considered independent contractors. However, these contractors may have the status of an occupier if they are in control of the property. In fact, in some cases, Georgia property management companies have the same duties as the actual owner of the property. The transfer of responsibility may lead to the owner not owing a duty to an injury victim if they surrender possession to the independent contractor.