Renting a house or apartment means trusting that the property you live in is reasonably safe. However, if a hazardous condition on the premises results in personal injury, the question of who bears responsibility quickly becomes a legal one. Georgia law does hold landlords liable in certain situations, though not every injury on a rental property will lead to a valid claim.
If you have been injured due to unsafe conditions in your rental unit, you may have the right to pursue compensation through a premises liability claim. Learning about how the law works is an important first step.
Georgia Premises Liability Law and Landlord Duties
Georgia law imposes duties on property owners and landlords to maintain property in certain circumstances. Under O.C.G.A. § 44-7-13, a landlord must keep the premises in repair. O.C.G.A. § 44-7-14 also provides that a landlord may be responsible for damages arising from defective construction or a failure to keep the premises in repair.
Whether a landlord is liable for a particular injury depends on factors such as the nature of the hazard, who controlled the area, and what the landlord knew or should have known about the condition.
Proving Your Landlord Is Liable
Landlord liability is never automatic in Georgia. Simply getting hurt on a rental property does not guarantee that you can recover compensation.
Depending on the circumstances, important issues may include:
- A dangerous condition was present on the property
- Your landlord knew about the hazard or should have reasonably discovered it through proper inspections
- The landlord failed to fix the problem or warn you about it
- That specific hazard directly caused your injury
- You suffered compensable losses as a result
If the injury happened because of something you did rather than a condition your landlord neglected, your claim could run into problems. Georgia’s comparative negligence law may also reduce your recovery if you are found partially at fault for what happened.
What Damages Can I Recover in a Premises Liability Claim?
If you establish that a landlord is legally responsible for your injuries, you may be able to recover compensation for your resulting losses
The damages available in a premises liability case generally fall into two categories:
- Economic damages cover your measurable financial losses, such as medical bills and lost wages
- Non-economic damages account for the more personal impact of your injuries, including pain and suffering, and a reduced quality of life
The total value of your claim will depend on the severity of your injuries and the strength of the evidence linking them to your landlord’s negligence.
What Should I Do if I Am Injured at My Rental Property?
What you do after an accident can affect your health and any claim you may have against your landlord. Get medical attention for your injuries and, if possible, take photos or videos of the dangerous condition before it is repaired or removed.
Report the hazard and your injury to your landlord or property manager in writing. Keep copies of repair requests, emails, text messages, medical records, bills, and other documents related to the accident. You should also get contact information from anyone who witnessed what happened or knew about the dangerous condition.
Consider speaking with a Georgia personal injury lawyer before accepting a settlement or giving a recorded statement to an insurance company. An attorney can review the circumstances and help determine whether your landlord or another party may be legally responsible.
Contact the Kennesaw Personal Injury Attorneys at Starks Byron, P.C. for Help Today
Holding a landlord responsible for an injury can depend on who controlled the property, what caused the accident, and whether the landlord failed to meet a legal duty. These cases often require a careful review of the condition that caused the injury and the circumstances leading up to the accident.
Starks Byron, P.C., brings 30 years of combined legal experience to personal injury cases and has recovered millions of dollars for injured clients. Our attorneys can investigate what happened, evaluate who may be responsible, and explain your legal options.
For more information, don’t hesitate to contact our team at Starks Byron, P.C. to schedule a free consultation in Kennesaw, GA today.
We proudly serve Cobb County and its surrounding areas:
Starks Byron, P.C.
1275 Shiloh Rd NW Ste 2710, Kennesaw, GA 30144
(404) 795 5115
