Earlier this month, an appellate court in Georgia issued a written opinion in a premises liability lawsuit brought by a number of people who were injured when the rear deck of a home owned by the defendant and rented to several of the plaintiffs disconnected from the home and fell to the ground. Ultimately, the court concluded that the landlord may not be held liable for the plaintiffs’ injuries because there was insufficient evidence showing that the landlord knew the deck may have been in need of repair. As a result of the court’s decision, the plaintiffs’ case was dismissed.
The landlord rented a home to several of the plaintiffs. Back when the landlord purchased the home in 1988, he hired an independent contractor to rebuild the home’s rear deck. In 2010, the landlord leased the home to several of the plaintiffs. At around the time when the plaintiffs took possession, the landlord visited the home, repaired a few boards on the rear deck, and inspected the deck for any visible defects. The landlord did not notice anything in need of structural repair.
A year after the plaintiffs moved in, they were hosting a barbecue when the rear deck pulled away from the home. The portion of the deck nearest to the home fell to the ground, injuring several of the people on the deck. A personal injury lawsuit was filed against the landlord, claiming that he was negligent in maintaining the deck.