Legal Question in Personal Injury in Georgia

Re: Personal Injury

Appellee landlord owed the legal duty to his tenants to keep the premises in repair. > OCGA � 44-7-13. Additionally, the landlord is responsible for damages arising from the failure to keep the premises in repair. > OCGA � 44-7-14. However, in order to recover, a tenant is required to show not only that the landlord breached his statutory duty to keep the premises in repair, but that such breach was the proximate cause of her injury. Absent such cause-effect connection, plaintiff's action would be lacking one essential element. We find the evidence presented to the trial court establishes the absence of a causal relationship between the alleged acts of negligence of the defendant landlord and the injuries incurred by the plaintiff tenant.

(1993). The Official Code of Georgia provides that a landlord must keep the premises in repair and is responsible for damages arising from the failure to do so. > O.C.G.A. �� 44-7-13; 44-7-14. The Code also specifically provides that a landlord cannot avoid his duty to repair created by housing codes. > O.C.G.A. � 44-7-2(b)(3); > Thompson v. Crownover, 259 Ga. 126, 129(3), 381 S.E.2d 283 (1989). In > Bastien, supra, we reversed the grant of summary judgment to the landlord where a tenant attributed her injuries to the absence of a handrail and a building code required that a handrail be provided. > (FN1) In this case, two years prior to the accident, the City of Savannah adopted the "One and Two Family Dwelling Code," which requires that handrails be provided on at least one side of stairways having three or more steps. Savannah City Code, Art. G, Sec. 8-1131; R-214.1. Watts does not dispute the contention that he is bound by the Savannah City Code. Nor does he deny that the stairway in his two-unit apartment building has more than three steps and at the time of the accident had no handrails in place. Watts also defends on the basis that a handrail had previously been in place, but that he removed it a month before the accident so it could be repaired. As stated above, a landlord has a duty to keep the premises in repair.

> O.C.G.A. � 44-7-13. A jury must decide whether Watts failed to exercise reasonable care with regard to the handrail and whether the condition constituted a violation of the dwelling code. See > Thompson, supra at 129 (4), (5), 381 S.E.2d 283. Likewise, issues of Jaffs' own negligence and the proximate cause of her fall are for the jury to resolve. See > Spencer v. Little Brownie Properties, 203 Ga.App. 324, 325, 416 S.E.2d 851 (1992). As genuine issues of material fact remain, the trial court did not err in denying Watts' motion for summary judgment.

Re: Personal Injury

If you can show the complex had notice of the defect and did nothing to repair it, you may have a cause of action against them. The matter would have to be handled through their insurance company. You may be entitled to compensation for your medical expenses and also for pain and suffering. You should consult a lawyer about this. If you have any more questions feel free to call me.