(Credit: Edward Olive/www.edwardlive.info) Georgia Appellate Court Rules Landlords Not Liable for Premises Liability Shooting Claims, Even if They Keep Right of Entry
The plaintiff-appellant is the mother of a child who was shot by another boy who lived in the apartment complex. She argued that if the landlord took action to remove the gun from the child's apartment unit after receiving reports that he was carrying it in the common areas, her son wouldn't have died.
March 15, 2024 at 12:25 PM
4 minute read
What You Need to Know
- The Georgia intermediate court determined a Fulton County trial court incorrectly failed to grant a full directed judgment in favor of a defendant landlord in an apartment shooting.
- In doing so, the Court of Appeals ruled that landlords aren't liable for shooting deaths, even when they maintain the right to enter an apartment for safety concerns.
- Now, the plaintiff-appellants seek certiorari with the Supreme Court with an eye on reversing the decision.
A Georgia Court of Appeals opinion weighed in on lingering questions after the Supreme Court's landmark decision in premises liability case CVS v. Carmichael.
In the dispute at hand, the intermediate court was asked whether the defendant landlord had a duty to go into a tenant's unit and remove a gun "for safety reasons," as stipulated in the tenant's lease, after receiving several reports that the child who lived in that unit was seen holding a gun in the apartment complex common areas before he shot another resident.
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