By David Walker,
Attorney at Law

Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.

Georgia law provides that where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he or she is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.

In fairness, if an injured person was aware of the risk and continued in the face of it, or was careless in his or her actions, his or her recovery can be limited or denied.

One of our most unusual cases occurred at an apartment complex in Gwinnett County a few years ago. A resident was walking his two dogs in the late afternoon in the parking lot. There had been recent trouble with vehicles speeding through the parking lot. The resident had requested speed bumps or other traffic control devices, with no response on this from the landlord. It was a gated community, but the gates were not operable much of the time.

The resident was a retired military policeman. Because of increasing crime in the area, he carried his personal firearm in a hip holster. He had a permit to carry the firearm.
As he walked with his dogs on leashes, a car came through the parking lot and struck him from the rear. The vehicle kept moving and the leashes tangled in its front bumper. The resident was dragged through the parking lot, and finally over a section of asphalt curbing. At this point his firearm discharged and the bullet traveled through his leg downward. The vehicle left the scene and its driver was not apprehended.

The resident recovered after a series of vascular surgeries. The use of his leg is limited and he may eventually not have the use of the leg.

The case was made that the landlord was in part responsible for the injury because of the unsafe premises. There had been an increasing number of hit and run incidents in the complex within the past two years. Residents had complained about vehicles going too fast through the complex to the point that they were afraid to let their children play outside.

One of the big legal questions was whether the entire sequence of events was foreseeable. Legally, if the landlord is responsible, it is responsible only for foreseeable harm. Our firm represented the resident and obtained a significant settlement through mediation.

David S. Walker
Attorney at Law
David Sinclair Walker, Jr. P.C.
P.O. BOX 871329, Stone Mountain GA 30087

Offices:
• North Gwinnett Office- 6340 Sugarloaf Parkway, Suite 200, Duluth GA 30097
• South Gwinnett Office-2330 Scenic Highway Snellville GA 30078
Telephone 770-972-3803; Facsimile 770-921-7418
email walk711@hotmail.com http://www.walker-law-firm.com/
Admitted in GA and D.C. UGA Law ‘76 Georgia Bar No. 731725