Recently, the Court of Appeals of Georgia issued an opinion in a lawsuit brought by a surviving spouse of a man who died after falling into an open well. The man was driving his four-wheeler on a tract of land when his wheel entered a well that was covered by vegetation. His vehicle flipped over, and the man fell into the well.
The man’s wife filed a negligence lawsuit against several parties, including a forestry services company, based on OCGA § 44-1-14, which requires that individuals must report abandoned wells located on any public or private property to relevant county officials. She argued that the forestry company performed work on the property and negligently failed to report the well to the property owner. The defendant asked the court to dismiss the case because, amongst other issues, the plaintiff was unable to present evidence that the defendant knew of the well before her husband’s death or breached any duty to him.
Under Georgia law, plaintiffs in negligence actions must provide evidence that the defendant owed a legal duty to the victim, that they breached that duty, that a causal connection exists between the conduct and injury, and that the plaintiff suffered damages. In this case, the plaintiff argued that the defendant was liable under the theory of negligence per se for violating OCGA § 44-1-14 because they did not report the well.