Introduction

This article examines Georgia statutes concerning public health regulations and indoor air safety in the context of lodging facility operations.

Scenario

A guest stays overnight at a hotel on Pio Nono Avenue in Macon, Georgia. During the night, a malfunctioning water heater in an adjacent utility room produces carbon monoxide that seeps into the guest’s room. The guest becomes ill with symptoms of carbon monoxide poisoning and requires emergency medical treatment. The hotel had no carbon monoxide detectors installed in guest rooms or common areas.

Georgia Law

Public Health Requirements

Georgia Code § 31-2A-4: “The department shall have the following powers and duties: (1) To investigate the causes of disease, epidemics, and other health hazards and to establish the means to abate, prevent, and control disease, epidemics, and health hazards; (2) To prescribe the manner and conditions under which investigations and examinations affecting the public health shall be made.”

Innkeeper Liability

Georgia Code § 43-21-3.2: “Every innkeeper in this state shall be liable for the loss of or injury to personal property brought into the hotel by a guest which is caused by the innkeeper, the innkeeper’s agents, or the innkeeper’s employees; provided, however, that the innkeeper shall not be liable if such loss or injury is caused by an act of God, a public enemy, the authority of law, the inherent nature of the property, or the fault of the guest.”

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 hotel guest suffering carbon monoxide poisoning in Macon, Georgia. Georgia Code § 31-2A-4 addresses public health requirements. Georgia Code § 43-21-3.2 establishes innkeeper liability. These statutes establish the framework for hotel liability regarding indoor air safety under Georgia law.

FAQ

Q: What powers does the department have under Georgia Code § 31-2A-4? A: Georgia Code § 31-2A-4 grants power to “investigate the causes of disease, epidemics, and other health hazards and to establish the means to abate, prevent, and control disease, epidemics, and health hazards.”

Q: What liability does Georgia Code § 43-21-3.2 impose on innkeepers? A: Georgia Code § 43-21-3.2 states innkeepers “shall be liable for the loss of or injury to personal property brought into the hotel by a guest which is caused by the innkeeper, the innkeeper’s agents, or the innkeeper’s employees.”

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 public health regulations found in the Georgia Code? A: Public health regulations are found in Georgia Code Title 31, Chapter 2A.

Q: Does Georgia Code § 51-3-1 apply to hotels? A: Georgia Code § 51-3-1 applies to any “owner or occupier of land” who invites others onto the premises.

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.