Introduction

This article examines Georgia statutes concerning household goods carriers and bailment responsibilities in the context of property damage during moving services.

Scenario

A moving company transports furniture from an apartment building on College Street in Macon, Georgia. While loading a large sofa into the building’s elevator, movers lose control of the item. The sofa strikes the elevator walls, causing significant damage to the panels and control buttons. The building management demands compensation for repairs. The moving company’s contract includes a damage waiver clause.

Georgia Law

Household Goods Carriers

Georgia Code § 46-7-2(6): “‘Household goods carrier’ means a motor common carrier or motor contract carrier which transports household goods for compensation.”

Carrier Liability

Georgia Code § 46-7-15(a): “Every motor common carrier and motor contract carrier shall issue a receipt or bill of lading for property received for transportation, and such carrier shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it or by any motor common carrier or motor contract carrier to which such property may be delivered.”

Bailment Liability

Georgia Code § 44-12-41: “A bailee shall exercise ordinary care in the safekeeping and return of the bailed property. A bailee shall be liable for the loss of or injury to the bailed property while in his possession where such loss or injury results from his failure to exercise ordinary care.”

General Negligence Standard

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.”

Conclusion

The scenario describes elevator damage caused by a moving company in Macon, Georgia. Georgia Code § 46-7-15 establishes carrier liability for property damage. Georgia Code § 44-12-41 addresses bailment duties. These statutes establish the framework for moving company liability under Georgia law.

FAQ

Q: What does Georgia Code § 46-7-15(a) state about carrier liability? A: Georgia Code § 46-7-15(a) states carriers “shall be liable to the lawful holder thereof for any loss, damage, or injury to such property caused by it.”

Q: How does Georgia Code § 46-7-2 define a household goods carrier? A: Georgia Code § 46-7-2(6) defines it as “a motor common carrier or motor contract carrier which transports household goods for compensation.”

Q: What duty does a bailee have under Georgia Code § 44-12-41? A: Georgia Code § 44-12-41 states: “A bailee shall exercise ordinary care in the safekeeping and return of the bailed property.”

Q: Where are carrier regulations found in the Georgia Code? A: Carrier regulations are found in Georgia Code Title 46, Chapter 7.

Q: Does Georgia Code § 51-1-2 apply to moving companies? 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.”

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.