Brownlee V. General Apartment Company, 133 Ga

611 Words2 Pages

Ga code states that the owner of premises is liable to any damages to persons for injuries caused by failure to exercise ordinary care in keeping the premises and approaches safe. Ga. Code Ann. § 51-3-1 (2016). In Brownlee v. Winn-Dixie Atlanta, 240 Ga. App. 368, 523 S.E.2d 596 (1999), the court defined the concept of premises liability to depend on pre-existing conditions, the proprietor’s superior knowledge of the defects on the premises and a foreseeable knowledge that the proprietor’s actions or inaction would cause injury to the plaintiff. Based on the facts of our case it is clear that the apartment manager was negligent in keeping the premises safe. Ms. Traylor was informed that the premises were safe due to a number of factors that included a well-lit parking lot. However, after she complained to of the physical defects within the parking lot, no action was taken to fix the defect. In Smith v. General Apartment Company, 133 Ga. App. 927, 213 S.E.2d 74 (1975), the court held that the landlord was not liable for damages to the injured person due to a lease agreement that allows relief to the landlord. It is possible, that our client may have signed a waiver for the apartment …show more content…

In Ga Bowling Enterprises v. Robbins, 103 Ga. App. 286, 119 S.E.2d 52 (1961), the court ruled that the qualification for the defendant to be held liable for damages to the injured person by the criminal acts of a third person, depended on if he could expect or anticipate violent conduct. In our case, our client warned the apartment manager of the upkeep of the premises security details in fear of assault. It is possible that due to these allegations, foreseeability may have been created if it hadn’t already existed. It must be taken into account that our client was informed of the safety of the premises due to the well-lit parking lot as a factor by the apartment

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