Earlier this month, an appellate court issued a written opinion in a Georgia premises liability lawsuit filed by the surviving spouse of a man who was killed in a farm accident. The case required the court to determine whether the defendant farm owner could be held liable for the death of the plaintiff’s husband. Ultimately, the court concluded that the plaintiff’s husband assumed the risks involved with the work he was doing at the time he died, and therefore his wife was not entitled to pursue a claim against the farm owner.
The Facts of the Case
The plaintiff’s husband was a long-time employee of the defendant farm owner. The defendant and his son trained the plaintiff’s husband on the various tasks that he was to perform around the farm, and they made all necessary tools available for use.
One day, the defendant asked the plaintiff’s husband to remove two large tires from a tractor. The defendant told the plaintiff, however, not to remove the wheels by himself and to get assistance from someone else around the farm. Later that day, the defendant’s father-in-law was playing with his granddaughter when he saw the plaintiff’s husband removing the wheels of the tractor by himself. One of the wheels was easily removed without incident, but the plaintiff’s husband was having difficulty removing the second wheel.