Introduction

This article examines Georgia statutes concerning hazardous substance management and commercial cleaning operations in the context of chemical exposure injuries.

Scenario

A commercial cleaning company services an office building on Mulberry Street in Macon, Georgia. Cleaning staff accidentally spill industrial-strength floor stripper in a hallway. Before the area can be properly secured, a visitor walks through the spill and suffers chemical burns on their legs. The cleaning product container displays hazard warnings. No caution signs were placed to warn of the spill.

Georgia Law

Hazardous Site Response Act

Georgia Code § 12-8-62(17): “‘Hazardous substance’ means any substance which is designated pursuant to 33 U.S.C. Section 1321(b)(2)(A); any element, compound, mixture, solution, or substance which is designated pursuant to 42 U.S.C. Section 9602; any hazardous waste having the characteristics identified under or listed pursuant to 42 U.S.C. Section 6921.”

Release Reporting Requirements

Georgia Code § 12-8-74(a): “Any person in charge of a facility or responsible for emergency response for a facility at which any hazardous substance is produced, used, or stored, who has knowledge of any release of such hazardous substance from such facility in a quantity which is equal to or exceeds the reportable quantity determined under this part, shall immediately notify the EPD of such release.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

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.”

Conclusion

The scenario describes a visitor injured by a chemical spill in a Macon, Georgia office building. Georgia Code § 12-8-62 defines hazardous substances. Georgia Code § 12-8-74 addresses release reporting. Georgia Code § 51-1-2 establishes the general duty of care. These statutes establish the framework for cleaning company liability under Georgia law.

FAQ

Q: How does Georgia Code § 12-8-62 define a hazardous substance? A: Georgia Code § 12-8-62(17) includes “any element, compound, mixture, solution, or substance which is designated pursuant to 42 U.S.C. Section 9602.”

Q: What does Georgia Code § 12-8-74 require for hazardous releases? A: Georgia Code § 12-8-74(a) requires persons with “knowledge of any release of such hazardous substance” to “immediately notify the EPD of such release.”

Q: What general duty applies under Georgia Code § 51-1-2? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Q: Where are hazardous substance regulations found in the Georgia Code? A: Hazardous substance regulations are found in Georgia Code Title 12, Chapter 8.

Q: Does Georgia Code § 51-3-1 apply to cleaning companies working on premises? A: Georgia Code § 51-3-1 applies to any “owner or occupier of land” regarding keeping “premises and approaches safe.”

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.