Earlier this year, a state appellate court issued an opinion in a Georgia premises liability case discussing the duties a condominium complex owes its residents. Ultimately, the court concluded that the condo complex was not liable for injuries inflicted upon the plaintiff by a third party while the plaintiff was waiting outside the complex’s gates because his key fob had not yet been activated.
The Facts of the Case
According to the court’s opinion, the plaintiff moved into the defendant condo complex in February 2014. The complex had several controlled-access pedestrian and vehicle gates, which required residents to hold a key fob up to a panel to gain access. When the plaintiff purchased his unit, he initially was not provided a key fob. A few weeks after he moved in he was given a fob, but it did not work. The plaintiff contacted management several times without resolution.
During this period, the plaintiff would typically wait at the gate for another resident to enter, at which point he would follow behind them. On one night, about a month after the plaintiff moved in, he was returning home late one night and waited at the gate for 15 to 20 minutes without another resident entering the complex. The plaintiff, who was with his girlfriend, eventually parked on the street. As the plaintiff was walking toward the complex, a man robbed him at knifepoint. A struggle ensued, and the plaintiff was seriously injured as a result.