Georgia Injury Lawyer Blog

Georgia injury lawyers see numerous dog bite cases every year. More than 4.7 million people in the United States are bitten by dogs every year. Nearly one out of every six bites are serious enough to require medical attention. Georgia’s “Dog Bite Statute,” provides, in part: “A person who owns or keeps a vicious or dangerous animal of any kind and who, by careless management or by allowing the animal to go at liberty, causes injury to another person who does not provoke the injury by his own act may be liable in damages to the person so injured.”

Absent a local leash law, a dog owner is not under a duty to confine it or otherwise protect others from it until the owner becomes aware of the dogs vicious or dangerous propensities. This doctrine has given rise to the popular, but not legally accurate, maxim that the “first bite is free”. Under current Georgia law, in order for an injured person to recover in a dog bite case, they must show not only that the dog had vicious propensities, but that the owner knew or should have known of those propensities, and that the injured person had no such knowledge. Obviously one way to show that the owner knew or should have known of a dog’s vicious propensities is to demonstrate that the owner was aware of prior actual dangerous conduct on the part of the dog. For domestic animals such as dogs, vicious propensities may also be proven by showing that the animal was required to be on a leash by an ordinance of a city, county, or consolidated government and that the animal was not on a leash at the time of the injury. Under such circumstances, proof that a valid “leash-law” was in effect and that the animal’s owner was not in compliance with that law at the time of the occurrence is all that is necessary to prove liability for damages.

Continue reading "Dog Bite Cases In Georgia" »

In February of 2006, John Lamb was killed when a bicycle he was riding became entangled with hazardous utility wires which draped across a city sidewalk. Mr. Lamb did not see the wires that were still attached to the utility pole until it was too late. Unfortunately, he was thrown from his bicycle, landed on his head, broke his neck and was killed.

This spring, PEDS, a pedestrian safety advocacy group located in Atlanta, will be conducting the Second Annual John Lamb Hazardous Wire Hunt. Citizens are encouraged to photograph hazardous wires on or near City sidewalks and then send the photographs to PEDS, which in turn will send them to the City of Atlanta and/or to the utility companies implicated by the pictures. Obviously, the purpose of this Wire Hunt not only is to honor the memory of John Lamb, who was killed through the negligence of the City and the utility companies who failed to maintain their wires in a safe condition, but also to prevent future accidents of a similar nature. Once PEDS sends the photos to the City and to the utility companies, it is anticipated that they will clean up their act (so to speak) and hopefully, one day, make the City “wireless.”

Finch McCranie, LLP was honored to have represented the Lamb family in connection with his tragic wrongful death. We are also pleased that PEDS is performing this important community service on behalf of each and every Atlanta citizen who enjoy using sidewalks for safe ingress and egress. The City has a legal duty to maintain its sidewalks safely. Leaving hazardous wires on sidewalks for periods of days, weeks, and sometimes months clearly is not a safe practice. It is our hope that the PEDS Hazardous Wire Hunt in memory of John Lamb will serve its intended purposes and help make this City’s sidewalks safe for pedestrian use. One preventable and unnecessary death is one death too many.

Thank you PEDS for all you do.

As a Georgia injury lawyer, I am always amazed at the number of deck collapse cases I read and hear about. Many of these decks are built high off the ground and do not meet any acceptable or recognized building code. Unfortunately the deficiencies of the construction do not become apparent until the decks are loaded up with people and the deck pulls away from the house and falls. In recent years there have been a number of death cases related to deck collapses.

Some of the deck collapses simply result from the deck material rotting over time. This should be readily apparent to anyone doing a reasonable inspection. A failure to inspect is negligence. It has also been my experience that many deck collapses result from the ledger board not being secured to the home properly. In some cases the ledger board is secured to the side of the house using nails. This is always insufficient to secure the deck to the house and should never be done. Instead, the ledger board should be securely attached with lag screws or if possible, lag bolts.

Just this week, a Roswell, Georgia woman was injured when the deck on her townhome collapsed and fell. As a result she sustained a broken leg.

If you or a loved one have been injured as a result of a deck collapse, call the Georgia injury lawyers at Finch McCranie, LLP. We have over 45 years experience representing victims in personal injury and wrongful death cases. Call us for a free consultation at (800) 228-9159.

The Atlanta personal injury lawyers at Finch McCranie LLP have successfully litigated many cases involving merchandise falling from shelves in commercial establishments and seriously injuring and killing shoppers. However, what many people do not realize is that this danger also exists in homes.

For young children, the home is a playground, and while many parents childproof to ensure that their home is a safe place, some may not be aware that unsecured TVs, furniture and appliances are hidden hazards lurking in every room. The U.S. Consumer Product Safety Commission (CPSC) is urging parents to take simple, low-cost steps to prevent deaths and injuries associated with furniture, TV, and appliance tip-overs.

The CPSC estimates that in 2006, 16,300 children 5 years old and younger were treated in emergency rooms because of injuries associated with TV, furniture, and appliance tip-overs. Between 2000 and 2006, CPSC staff received reports of 134 tip-over related deaths.

Additionally, the CPSC reports it is aware of at least 30 media reports of tip-over deaths since January 2007 involving this same age group.

Typically, injuries and deaths occur when children climb onto, fall against, or pull themselves up on television stands, shelves, bookcases, dressers, desks, chests, and appliances. In some cases, televisions placed on top of furniture tip over and cause a child to suffer traumatic and sometimes fatal injuries.

Recent revisions to the voluntary safety standards for clothes storage units provide for the inclusion of warning labels and additional hardware to secure the furniture to the floor or wall.

To prevent these devastating events, the CPSC advises as follows:

Make sure free-standing ranges and stoves are installed with anti-tip brackets.

A couple of years ago the Georgia Injury Lawyers at Finch McCranie LLP, represented the family of a young boy who fell from a civic center stage to the concrete floor below. Within moments the boy had slipped into a coma. With limited resources, the parents cared for their son in the living room of their home, 24-hours a day. As time went one and the boy ended up back in the hospital, officials there put more and more pressure upon the parents to remove the boy from life support. The parents refused to do so and the young boy eventually died as a result of his brain injury.

The facts of every case are certainly different; however, recent news out of Brussels, Belgium give one pause when it comes to making such a decision now. Recently made public in various newspapers and on internet sites throughout the world is the story of Rom Houben, a 46-year old man who was involved in an automobile accident 26 years ago. Up until 3 years ago, this man was thought to be in a vegetative state, but thanks to new brain scanning technology, they discovered that not only was his brain functioning properly but it was almost operating normally. Doctors used a state-of-the-art scanning system which demonstrated the almost normal brain functioning. Houben said that even though his body was paralyzed and he was unable to communicate, he heard every word that was said in his presence. Dr. Steven Laureys, a neurologist at the University of Liege in Belgium has published a new study that states Mr. Houben could be one of many misdiagnosed coma cases in the world. With this new information, the decision to discontinue life support of an accident victim in a coma would be exceedingly difficult for a family.

A few years ago, the Georgia injury lawyers at Finch McCranie, LLP represented an elderly woman who had beeen knocked down and seriously injured by malfunctioning electric doors at an Atlanta grocery store. We sued the store and the door company responsible for maintaing the doors. Recently, an 80-year old woman settled a very similar case for $7 million with Target and a mechanical door company. She had been knocked down by a faulty door in 2007. The woman sustained brain injuries which left her with significant cognitive deficits and required her to move into a nursing home.

If you or a loved one has been injured while shopping upon the property of a retail store or at a mall, call the Georgia injury lawyers at Finch McCranie, LLP who have been representing clients in premises liability litigation for over 40 years.

The Georgia injury lawyers at Finch McCranie, LLP have written before about the potential liability one may have for ATV accidents, especially if it involves riding passengers. Not only does the owner of the ATV risk being sued for injuries or death caused by their use of the ATV, but they may also find that there is no liability coverage available to them when they are sued. Last week, the Georgia Court of Appeals affirmed the grant of summary judgment to Allstate Insurance Company in its suit seeking a declaration from the Court that it had no duty to provide coverage, a defense or indemnification arising out of an accident, in which a young girl was thrown off the back of an ATV whose owners had a homeowners policy through Allstate. The court held that the accident in question fell under the policy’s exclusion for bodily injury arising our of the ownership or use of a motor vehicle, which is designated principally for recreational use off public roads when an insured person owns that vehicle and it is being used away from an insured premises. The accident here occurred at a field located approximately 15 miles from the insured’s home. Accordingly, although from a liability standpoint, there may be a number of viable claims that can be made against the owners of ATVs for their negligent operation of the ATV, there is often no insurance coverage available to compensate injured victims. If you or a loved one have been injured as a result of an ATV accident consult the Georgia injury lawyers at Finch McCranie, LLP.

Over the years, our lawyers have handled many different cases involving serious injuries to children. These injuries arise in a myriad of contexts and are oftentimes heartbreaking. Over the years, we have had serious burn injury cases, dog bite cases,unsafe premises, sexual abuse cases, car accidents, medical malpractice cases, drowning accidents, playground injuries,unsafe consumer products, school injuries and the like, all involving young children. Some of these cases have resulted in wrongful deaths, comas, paralysis, burns and amputations. Presently, we are handling injuries to children involving negligence by daycare providers and owners of dogs who have allowed them to wander free of restraint and attack innocent children. Depending upon the severity of injuries sustained, these cases can affect the injured child permanently and the emotional, physical and psychic trauma can require very close attention to the needs of the young child. There may be permanent scarring involved; there may be the need for future treatment or medical surgery and there may be a diminution in the individual’s ability to earn and labor in the future and support themselves. While every case is unique, representing an injured child in a serious injury case is an undertaking that requires care and attention and an analysis of whether the injuries sustained will affect the child for the balance of their life. If so, obviously, greater attention to detail is needed than would otherwise be the case.

All cases involving children which result in a settlement or verdict have to be reviewed by the Probate Court system here in Georgia. The money from a settlement belongs to the child, not to the parents. While the parents are entitled to be reimbursed for any medical and out of pocket expenses that they incur, any other portion of the settlement must be placed in an interest bearing account set up for the lifetime benefit of the child. Such a fund must be held in trust until the child turns 18 but can be used for educational, medical or other needs of the child before they turn 18, however, such use is subject to Probate Court approval and supervision. Many Probate Courts take the position that the parents have to provide for the child until they reach the age of majority and therefore many courts will not allow parents to encroach upon any settlement funds as a way of discharging their own responsibilities. However, in certain cases, where the needs of the child are great, funds set aside for medical treatment and educational needs can be used, again subject to Probate Court supervision and approval.

When a child playing in the street darts in front of a car chasing a ball, and is seriously injured, the question arises, of course, whether there is any negligence claim at all against a third party. Many times children are killed or injured because of a lack of proper supervision by their parents and/or because of the child’s own negligence. Oftentimes, however, serious injuries to children occur which are entirely preventable and are caused by the negligence of third parties. We see this in the context of dog bite cases, automobile wrecks, daycare injuries, drowning accidents and the otherother similar cases referenced. Regardless of the circumstances involved which lead to the injury, care must be taken to make sure that the child that is properly represented and that the child’s needs are met. Our experienced serious injury lawyers share the common goal of properly representing injured children and assisting their families in obtaining the justice and compensation they require. If your child has been injured as a result of preventable accident caused by the negligence of a third party, call us today at 1-800-228-9159.

The Georgia injury lawyers at Finch McCranie, LLP who handle workers compensation cases always investigate the possibility that there is a negligent third party who can be sued and held accountable for the client’s injuries and damages. As any injured worker knows, the income benefits available under the Georgia Workers Compensation Act are limited. A worker with serious injuries is never made whole with workers compensation benefits alone. Many serious on-the-job injuries or deaths are attributable to the negligence of someone other than the employer.

For instance, increasingly, employers do not own or solely occupy the premises of an injured worker’s place of work. As a consequence, an injured worker may have claims against the owner of the premises or an entity that may jointly occupy the premises with the injured worker’s employer. The owner or occupier of a premise is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. The owners of the premises may have a duty, under a contract, to keep the premises in safe repair or repair certain equipment associated with the premises. Likewise, the owner may have actual or constructive knowledge of a dangerous condition existing on the premises.

Accordingly, when a client is injured on-the-job, careful attention should be paid to the facts to determine whether there is a viable third party to go after for full compensation. The injury lawyers at Finch McCranie, LLP have extensive experience in handling these cases. If you or a loved one has been seriously injured in an on-the-job injury, call us for a free consultation.

An outbreak of Legionnaires’ disease has been confirmed at Atlanta, Georgia’s Grady Memorial Hospital. Water tests confirmed today that two units at Grady Memorial Hospital were the source of the bacteria that caused Legionnaires. Four patients have been sickened by the disease.

A Grady spokesman claimed this was the first time in Grady’s history that the Downtown Atlanta hospital has been the source for disease in patients. The two Grady patient units consisting of and 80 beds have been closed since last week. The Grady spokesman said crews are treating these units and additional floors and will continue testing throughout the hospital.

Three of the four patients have responded to antibiotics and have been discharged. The fourth is still receiving treatment. An additional 50 patients have been tested for the disease, but those tests were negative.

Legionnaires disease is named for an outbreak at a 1976 convention of the American Legion in Philadelphia. It is not spread from one person to another. People get the disease when they breathe in a mist or vapor that’s contaminated with the naturally occurring bacteria.

A type of pneumonia, Legionnaires’ disease can cause death in up to 5 percent to 30 percent of cases.

Every spring and summer as swimming pools open for the season, we read about tragic drownings, often involving children. Statistics show that drowning and near drowning are a leading cause of death and brain injury. Many of these unfortunate incidents could be prevented if swimming pools had proper anti-drowning drain covers and suction cutoff devices installed. These covers and suction cutoff devices are designed to prevent children from being caught in the swimming pool drain as a result of strong suction. Under the new federal regulation, which went into effect last year, public swimming pools and hot tubs are required to install special devices that will prevent drain suction from trapping children under water. These new rules apply to pools and spas used by the public, including municipal pools and those at hotels, private clubs, apartment buildings and community centers. The new law does not require retro-fitting of private home pools.
As with any case, it is always important to throughly investigate the facts of a tragedy in a timely manner so as to preserve evidence. The law firm of Finch McCranie, LLP has represented the families of victims of serious injury and wrongful death accidents for over 40 years.

As Georgia personal injury lawyers we have represented many people who have died or sustained serious injuries as a result of falling. Many of them are senior citizens and many of the accidents are a result of dangerous conditions caused by the negligence of stores, restaurants and other businesses. Although the elderly most fear breaking a hip when they fall, a government study indicates that hitting their head can also have deadly consequences. Brain injuries account for half of all deaths from falls.
The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. It examined 16,000 deaths in 2005 that listed unintentional falls as an underlying cause of death. The study found that slightly more than half of the deaths were attributed to brain injuries. The other deaths were due to a variety of causes including heart failure, strokes, infections and existing chronic conditions worsened by a broken hip or other injuries sustained in a fall.

The attorneys at Finch McCranie, LLP have been standing up for the rights of injured victims for over 40 years. If you or a loved one has fallen and been injured as a result of the negligence of a store or other business, call us at (800) 228-9159.

As Georgia trial lawyers we have handled a wide variety of slip and fall injury cases. While serious injuries from falls can occur at any age, it can be particularly serious for senior citizens. The elderly fear breaking a hip when they fall, but a government study indicates that hitting their head can also have deadly consequences: Brain injuries account for half of all deaths from falls. The study by the Centers for Disease Control and Prevention is the first comprehensive national look at the role brain injuries play in fatal elderly falls. It examined 16,000 deaths in 2005 that listed unintentional falls as an underlying cause of death. CDC researchers found that slightly more than half of the deaths were attributed to brain injuries. The other deaths were due to a variety of causes including heart failure, strokes, infections and existing chronic conditions worsened by a broken hip or other injuries sustained in a fall.
Each year, one in three Americans age 65 and older fall. About 30 percent of such falls require medical treatment. Previous CDC research showed that the U.S. death rate from falling has risen dramatically - about 55 percent - for the elderly since the 1990s. The new study highlights the role that brain injuries play in such deaths. The severity of brain injuries isn’t always immediately apparent, and some people may not lose consciousness. In our practice we have repeatedly noted a scenario seen in hospitals in which an elderly fall victim comes in alert and talking, but dies an hour or two later. The research is being published in the June issue of a scientific publication, the Journal of Safety Research.

We are continually disturbed when we hear reports of persons injured by unsafe glass--decades after the need for "safety glazing" material (safety glass) was recognized. Our serious personal injury lawyers have delved deeply into the history of glass injuries in representing clients who have suffered what can be life-threatening injuries from unsafe glass, in premises liability cases tried successfully. We hope to share what we have learned about these dangerous products so that future injuries from dangerous glass can be prevented.

For more than thirty (30) years, the dangers of using glass that leaves sharp, jagged edges when it breaks has been known.

In a 1972 opinion, one court discussed the dangers of glass injuries from glass that was not "safety glass": “‘Purposeful footsteps, impact, the harsh, shattering crash of jagged spears of glass falling and disintegrating on the floor, and disabling and disfiguring injuries or death -- this sequence of events is acted out, according to safety experts, in 40,000 American homes annually.’” Moody v. Southland Inv. Corp., 126 Ga. App. 225, 230, 190 S.E.2d 578, 581 (1972) (quoting Wolfstone, “Glass Door Accidents,” 14 Am. Jur. Trials 101, 105).

The 1972 Moody case concerned a patio door made of non-tempered glass that shattered and injured the plaintiff. The Court discussed testimony from experts that “serious injuries are caused by nontempered glass,” and that “[t]empered glass is harder, and it won’t break as easily, and then when it breaks, it doesn’t come in sharp, jagged pieces, where you are liable to get cut.” Id. at 229, 190 S.E.2d at 581. The Court also observed that “tempered glass was available for use on the door [in question] in 1967, when it was first installed.” Id. at 228, 190 S.E.2d at 580.

For many decades, manufacturers, builders, and architects have known that “plate glass” which breaks in a sharp jagged way. Much of this information has been summarized in a Report in one of our cases prepared by Phillip L. Graitcer, DMD, MPH, who has been an Adjunct Professor at the Center for Injury Control, Rollins School of Public Health at Emory University, Atlanta, and is the former Director of the International Unit of the “National Center for Injury Prevention and Control” at the Centers for Disease Control and Prevention (CDC) in Atlanta.

Continue reading "Glass Injuries from Unsafe Glass That Is Not "Safety Glass": How Dangerous Glass Causing Personal Injury and Death Continues to Endanger Unsuspecting Children and Adults" »

Thirteen (13) people have died (and many more injured) as a result of burns and other injuries sustained in the explosion at the Imperial Plant in Port Wentworth, Georgia. Investigators have expressed the opinion that sugar dust ignited and caused the explosion which resulted in these injuries and deaths. Because most of the people burned, injured or killed as a result of the explosion were employees of Imperial Sugar, unfortunately, they will be barred by law from suing their own employer. This is the state of law in Georgia. Workers’ Compensation benefits are available to injured employees but injured employees cannot sue their employer. The one exception to this “non-suit” rule is where a third party’s acts contributed to the injuries and/or caused the same. The employer still cannot be sued, but other “third party” companies can be sued if their acts contributed to the damages sustained.

From newspaper reports, it appears that Imperial Sugar contracted with a company called Stokes Contracting to clean sugar dust at the plant. Obviously, a full investigation would be required to see what the contractual duties and undertakings were, but assuming the newspaper reports are true, those injured and/or killed may have claims against Stokes Contracting and/or any other entity that provided such cleaning services. If the failure to properly clean the sugar dust out of the plant was a proximate cause of the explosion, then there could be third party liability claims brought against that third party, in this instance, apparently, Stokes Contracting.

Cases of this nature are always tragic for the families involved and for those seriously burned or injured. While only time will tell whether there are valid third party claims to be made, one would hope that the injured and severely burned would have remedies other than those provided under Georgia’s Workers’ Compensation statutory scheme. The Georgia Worker’s Compensation statutory scheme is quite limited in the remedies it provides to those injured on the job. For example, pain and suffering is not awarded at all and lost wage benefits are typically quite low, usually below $500.00 per week, which is very difficult for those who have been injured to live on. While Workers’ Compensation medical benefits are good, because these types of burn injuries can last for years and years, it is evident that those involved in these incidents will suffer for a lifetime and yet they receive no pain and suffering compensation under Georgia’s Workers’ Compensation scheme. This it is why it is important that someone involved in an incident of this nature confer with competent counsel to make sure that any third party remedies against third parties who may be also liable for their damages can be pursued.

Our Georgia injury lawyers are accustomed to seeing cases involving horrible injury and cases of death caused by all types of accidents but burn cases are at the top of the list. We were discussing the news accounts today in Savannah reporting that firefighters found three, and perhaps as many as six, bodies in the wreckage of a still-burning sugar refinery leveled by an explosion overnight. In addition to the death cases, dozens of employees have been injured, many critically burned. Officials suspect sugar dust, which can be volatile, as the cause of the explosion. Reportedly the explosion happened in a storage silo where refined sugar is stored until it is packaged.

Obviously all of the injured employees will immediately be entitled to workers compensation benefits, including payment of all medical bills but given the very limited disability benefits available under the workers compensation laws of Georgia, this is very little consolation to the injured. Having litigated products liability cases involving injury and death, we wonder whether there are some third parties who may be liable for this explosion. Surely, this huge sugar refinery was aware of the potential danger posed by sugar dust. Was there a system in place which failed? Was ventilation machinery defective or not properly maintained by third party entities hired by the refinery? All of these questions and more need to be explored in order to adequately protect the interests of injured workers and the families of those who died in this tragedy.

We read in the newspaper this week about the death of a maintenance man at a local school system when he was electrocuted while trying to change a fixture at the elementary school. While the newspaper article did not provide many details, it was curious to us that a maintenance man would be killed while simply trying to change out a light fixture. This raises the obvious issue of whether there is third party negligence because the electrical system obviously had some problems within it, presumably hidden from the worker. In any event, this sad and tragic case is reminiscent of other cases we have handled in the past involving electrocutions.

Over the years, we have handled wrongful death and other serious injury cases arising from electrocutions. In the cases we have handled, the person being electrocuted is almost always a worker who is performing some task. Typically, the worker is unaware of the danger to himself while performing the work. If the worker survives, electrocution injuries can be very serious and have long term consequences. Typically, anyone electrocuted while on the job unfortunately dies because electrocution almost by definition is usually a fatal event.

While the facts have not yet been reported as to the reasons behind this death, in order to prevent similar incidents from occurring, it is necessary that both OSHA and state officials conduct a thorough investigation of the underlying facts. There is no doubt but there was a root cause of this tragedy which must be determined so that lessons can be learned and future similar cases avoided.

Having seen past injuries and deaths occur because theater safety principles were disregarded in using orchestra pits in Atlanta, our Georgia Injury Lawyer Blog attorneys shuddered upon reading that it had happened again in Atlanta. A 17 year-old dancer wearing a Panda costume reportedly suffered critical injuries when she fell some 12 feet into the lowered orchestra pit of the Fox Theater, during a performance of the "Nutcracker" by the Atlanta Ballet.

The orchestra pit contained no orchestra, but was apparently lowered to this great depth anyway, without "fall protection" measures that were sufficient to prevent such a long fall by the young dancer, a high-school student. As it should, OSHA is reportedly investigating the incident.

For our attorneys, it brought back lessons that should have been learned in the theater world when a young boy died after a fall in 2000, through a concealed opening into the unprotected orchestra pit at the Atlanta Civic Center. He survived in a coma for more than a year as he was cared for by his parents, two of our most remarkable clients ever.

The evidence we gathered in that case showed that theater safety principles are too often ignored, until they result in life-threatening injuries or deaths. At the Civic Center, it was most disturbing to learn that a man had died before our young client, when the man fell into the unprotected orchestra pit from the stage.

It was also shocking for us to discover that two children had fallen through the same opening into the orchestra pit in 1995--and yet the orchestra pit was still left unprotected. Our theater safety experts documented that such injuries and deaths are far too foreseeable--and avoidable--when proper attention to basic safety rules is practiced.

While the settlement of that case at the Civic Center was reportedly one of the largest ever paid by the City of Atlanta (and there were other defendants as well), the family's nightmare was in no way erased.

Our thoughts and prayers are with the young dancer, and we wish her a speedy recovery. We hope that theater professionals heed the lessons of theater safety to protect performers and patrons from preventable injuries.

Hotels and motels are beginning to be held liable in tort for their negligence in failing to protect customers from known bed bug infestations. Bed bugs are making a comeback in the United States for several reasons which include, increasing international travel, more conservative use of pesticides and the failure of hotels and motels to take appropriate and effective steps to eliminate known infestations. The conduct of some hotels and motels amounts to gross negligence.

I recently read a U.S. Court of Appeals (7th Cir) decision affirming a punitive damage award of $196,000.00 each to a brother and sister against a hotel chain. The facts of the case were egregious because the management of the 200 room hotel knew they had a serious infestation, did little to eliminate the problem and continued to rent rooms that had been put on their “Do Not Rent” list. The Court held the hotel’s failure to either warn guests or take effective measures to eliminate known bedbug infestation amounted to fraud.

In Georgia, owners and occupiers of land or buildings owe certain duties to those who come on the premises. The duties vary according to the relationship between the owner and the person coming onto the premises. The mere fact that one owns or occupies land or a building does not make one liable for injuries sustained by persons who have entered onto the land or the premises. It is a commonly accepted in Georgia law that the owner of a building or land is not the insurer of the safety of those who enter the property.

In general, the respective duties of care owed are determined by the person’s status while on the property. There are three categories by which the status of one on property is classified ---- trespasser, licensee, and invitee.

A trespasser is one who enters upon the property of another wrongfully and without express or implied permission for the trespasser’s own benefit or amusement.

The distinction between an invitee and a licensee is generally defined by a business relations rule. If the injured person at the time of the injury had business relations with the owner or occupant of the premises that would render his presence of mutual aid or benefit to both, the person is considered an invitee. If, however, the presence on the premises is for the persons own convenience, as in merely accompanying another, the person is a licensee.

The only duty owed a trespasser is not to injure him willfully and wantonly. A person who has the status of licensee is owed a duty greater than that owed a trespasser. This duty has been described as a duty not to expose a licensee knowingly to an unreasonable risk of harm. An invitee is owed the highest degree of care by the owner. In the case of an invitee, the owner is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

When a person’s status as a trespasser, licensee, or invitee is a matter of disputed fact, a jury under appropriate instructions from the Court must resolve these issues.