Atkins v. MRP Park Lake LP (A09A2125) - Premises/Landlord Liability
On April 8, 1998, a tornado struck the Park Lake apartments, which were owned by MRP Park Lake LP and managed by Realty Management Corporation. The storm caused severe damage to the apartment complex. After the storm, a Realty Management employee assigned two contract workers to fix a leak in Sandra Atkins's roof. The workers placed a tarp over the roof. The tarp had no holes and covered the vent pipes, creating a toxic environment as it trapped carbon monoxide. Atkins was diagnosed with carbon-monoxide poisoning and subsequently filed a personal injury suit against MRP and Realty Management. In November 2009, the Georgia Court of Appeals reversed the judgment in favor of the defendants.
In Georgia, an employer generally is not responsible for torts committed by independent contractors. However, if a landowner's duty is imposed by statute, it is "non-delegable" and the landowner may be held liable for the independent contract workers' negligence. Under the Georgia statute, landowners have a duty to keep their rented premises in good repair. Liability is imposed on the landlord for any damages resulting from defects in the premises. In this case, the contract workers repaired the roof in a negligent fashion, thus creating a defect in the premises. Therefore, MRP and Realty Management may be liable.
It is important to note that a landlord cannot avoid liability by simply hiring an independent contractor to perform its statutorily-imposed duties.
If you've been injured due to landlord negligence anywhere in Georgia, call the Delius Law Firm at 404-352-3400.
