Rebecca and David Lore first noticed a sinkhole near their property on June 27, 2004. The sinkhole was located in the "Recreation Area" and was owned and maintained by the Suwanee Creek Homeowners Association Inc. (SCHOA). Rebecca Lore repeatedly notified SCHOA about the hazard. On October 23, 2006, Rebecca Lore walked into the Recreation Area and stood at least four feet away from the edge of the sinkhole. The ground beneath her suddenly gave way, and she fell, impaling her forearm on a branch. The Lores brought a personal injury claim against SCHOA.
SCHOA had actual knowledge of the sinkhole in this case. Therefore, SCHOA had a legal duty to conduct a reasonable inspection of the sinkhole and the surrounding area to determine whether the hole posed a danger to invitees. Furthermore, SCHOA had a duty to take reasonable steps to protect invitees from those dangers. If the court did not enforce this duty, SCHOA could simply escape liability once it was notified of the sinkhole's existence by intentionally failing to inspect the area for instability and other related dangers.
In order to recover for her injuries, Rebecca Lore must prove not only that SCHOA failed to conduct a reasonable inspection of the area and to protect invitees from the danger, but she must prove that she exercised ordinary care for her personal safety and that she had no knowledge of the specific hazard that caused the injury. Rebecca was clearly aware of the sinkhole, but there was no evidence that she knew that the surrounding area, over four feet away from the hole, was unstable.
If you have suffered an injury due to a property owner's negligence in Georgia, call the Delius Law Firm at 404-352-3400 for a free evaluation of your case.
