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Patio Collapse in Doraville Raises Questions About Landlord Liability

Four people suffered injuries while attending a party this May when a second-floor patio collapsed. The injury victims were standing with a group of people on a second-floor patio at the Landmark at Banyan Bay apartments, as food was being cooked. Those hurt in the fall sustained minor injuries. The cause of the collapse has not yet been determined.

When is a landlord responsible for injuries to a visitor?

This incident leads to questions about a landlord’s responsibility for injuries to tenants and visitors. According to Georgia statute, a landlord is not responsible to visitors when the tenant uses the property in a negligent way. Landlords can, however, be held responsible when injuries occur due to defects in construction or a failure to keep the premises properly maintained or repaired.

Serious injuries can occur when a landlord or property manager fails to properly care for a building or a piece of property. Neglecting an apartment building or complex may lead to structural issues that can cause collapses such as the one that occurred in Doraville. Neglect can also lead to fire hazards, increasing the risk of fire or helping it spread more quickly than would happen if a building were up to code.

In some cases, landlords can also be held responsible for the actions of others. Specifically, when someone is attacked, robbed or assaulted on a property due to a lack of security measures, a court may place blame on a building owner. Depending on whether crime is common in a particular area, a landlord may be expected to take particular actions: when crimes and harm are foreseeable, a landlord should take reasonable measures to prevent those dangers on his property.

If you have been hurt while visiting an apartment complex, a store or even an office in the Atlanta area, you may have rights under the law. To learn about your options, consult an experienced premises liability attorney at McMenamy Law LLC.