Introduction

This article examines Georgia statutes concerning strict liability for commercial equipment lessors in the context of drone rental operations.

Scenario

A customer rents a commercial-grade drone from a rental company on Riverside Drive in Macon, Georgia, for aerial photography. During operation in a permitted area, the drone’s control system malfunctions, causing it to fly erratically. The drone crashes into a wedding party at a nearby park, injuring guests and damaging property. Investigation reveals a known defect in the drone’s firmware that the rental company had not addressed despite manufacturer recalls.

Georgia Law

Strict Liability for Lessors

Georgia Code § 51-1-11.1: “The lessor of personal property, other than a motor vehicle, who leases or bails the property for compensation, shall be subject to liability under Code Section 51-1-11 for bodily injury and property damage that results from the use of the property by the lessee or bailee, or any other person, if: (1) The lessor fails to inspect and maintain the property properly; or (2) The lessor has actual knowledge that the property is in a defective or dangerous condition at the time of the lease and fails to disclose such fact to the lessee.”

Products Liability for Lessors

Georgia Code § 51-1-11(b): “The manufacturer of any personal property sold as new property directly or through a dealer or any other person shall be liable in tort, irrespective of privity, to any natural person who may use, consume, or reasonably be affected by the property and who suffers injury to his person or property because the property when sold by the manufacturer was not merchantable and reasonably suited to the use intended.”

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.”

Bailment for Hire

Georgia Code § 44-12-42: “In all cases of bailment for hire, if the bailee commits a breach of the agreement or trust, he shall be responsible not only for the value of the property but also for the hire and all special damages sustained by the bailor.”

Conclusion

The scenario describes injuries from a malfunctioning rental drone in Macon, Georgia. Georgia Code § 51-1-11.1 establishes strict liability for equipment lessors. The statute requires proper maintenance and disclosure of known defects. These statutes establish the framework for drone rental company liability under Georgia law.

FAQ

Q: What does Georgia Code § 51-1-11.1 require of equipment lessors? A: Georgia Code § 51-1-11.1 creates liability if “The lessor fails to inspect and maintain the property properly” or “has actual knowledge that the property is in a defective or dangerous condition” and fails to disclose it.

Q: Does Georgia Code § 51-1-11 apply to rental companies? A: Georgia Code § 51-1-11(b) creates liability for manufacturers, but Georgia Code § 51-1-11.1 specifically addresses lessors of personal property.

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 equipment lessor liability laws found in the Georgia Code? A: Equipment lessor liability laws are found in Georgia Code Title 51, Chapter 1.

Q: What does Georgia Code § 44-12-42 state about bailment for hire? A: Georgia Code § 44-12-42 makes bailees responsible “not only for the value of the property but also for the hire and all special damages sustained by the bailor.”

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.