Introduction

This article examines Georgia statutes concerning property management duties and premises liability in the context of common area maintenance.

Scenario

A property management company oversees an apartment complex on Northside Drive in Macon, Georgia. The automatic security gate at the complex entrance malfunctions and closes on a resident’s vehicle as they drive through. The gate strikes the vehicle and a passenger, causing property damage and personal injury. Residents had previously reported the gate malfunction to the management office.

Georgia Law

Agency Relationship

Georgia Code § 10-6-1: “The relation of principal and agent arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratifies the acts of another in his behalf.”

Agent’s Duty of Care

Georgia Code § 10-6-5: “An agent shall not be heard to deny the title or authority of his principal to the subject matter of the agency if he has entered upon the execution of the express or implied trust reposed in him.”

Premises Liability

Georgia Code § 51-3-1: “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 is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Superior Knowledge

Georgia Code § 51-3-1: “The true ground of liability is the proprietor’s superior knowledge of the perilous instrumentality and the danger therefrom to persons going upon the property. It is when the perilous instrumentality is known to the owner or occupant and not known to the person injured that a recovery is permitted.”

Conclusion

The scenario describes an injury caused by a malfunctioning gate at a managed apartment complex in Macon, Georgia. Georgia Code § 10-6-1 addresses agency relationships. Georgia Code § 51-3-1 establishes premises liability and superior knowledge requirements. These statutes establish the framework for property management liability under Georgia law.

FAQ

Q: How does Georgia Code § 10-6-1 define an agency relationship? A: Georgia Code § 10-6-1 states the relationship “arises wherever one person, expressly or by implication, authorizes another to act for him or subsequently ratifies the acts of another in his behalf.”

Q: What premises duty does Georgia Code § 51-3-1 establish? A: Georgia Code § 51-3-1 creates liability “for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Q: What is the superior knowledge requirement under Georgia Code § 51-3-1? A: Georgia Code § 51-3-1 states liability exists “when the perilous instrumentality is known to the owner or occupant and not known to the person injured.”

Q: Where are agency laws found in the Georgia Code? A: Agency laws are found in Georgia Code Title 10, Chapter 6.

Q: Does Georgia Code § 10-6-5 address agent duties? A: Georgia Code § 10-6-5 states an agent “shall not be heard to deny the title or authority of his principal to the subject matter of the agency.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.