 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Martin v. Johnson-Lemon5/3/1999
since the pool was built at his express personal direction by the independent contractor. Because he owned the property at the time the pool was built and he directed that it be constructed, Martin can be held liable under OCGA § 44-7-14 if he accepted that improvement from the independent contractor in its allegedly defective condition. The independent contractor who allegedly created the defect in the pool which ultimately produced the death of Ms. Johnson-Lemon's husband is not liable,
"unless it is made to appear from the allegations that the work was still in progress and had not been completed and accepted by the landlord, for otherwise the inference arises that the landlord has accepted the work, and is answerable for any damages instead of the contractor, whether occasioned by negligence or trespass." (Emphasis supplied.) Townsend & Ghegan Enterprises v. W.R. Bean & Son, 117 Ga. App. 109, 118 (10) (159 SE2d 776) (1968).
It is undisputed that the pool was completed and accepted by Martin. Because the trier of fact could find that the pool was patently defective at that time, Martin may be liable as a landlord for a death attributable to that alleged defect even though the structure was built by an independent contractor. See National &c;Co. v. Georgia &c; Realty Co., 106 Ga. App. 475, 477 (2) (127 SE2d 303) (1962).
It is a fundamental principle of Georgia law that " or every right there shall be a remedy...." OCGA § 9-2-3. However, the consequence of the majority opinion is that, although the evidence in this case has not eliminated the existence of a possible defect in Martin's pool which resulted in a death, Ms. Johnson-Lemon has no legal means of recovering for her loss. I agree that she cannot sue the independent contractor since the owner accepted the pool after construction. However, according to the majority, she also cannot sue Martin because he hired an independent contractor to build the pool. At least until today, the Georgia courts have never sanctioned such an anomalous result. Heretofore, the injured plaintiff could bring suit against the landlord under OCGA § 44-7-14 on the theory that he accepted the independent contractor's defectively constructed project. A landlord should not be held liable for defects which he himself did not place or cause to be placed on his property. Colquitt v. Rowland, supra. On the other hand, however, a landlord should not be immune from tort liability for acceptance of a patently defective condition in a structure which he directed to be constructed on the premises by an independent contractor. Because I cannot agree with the sweeping change in this state's law effectuated by the majority, I Dissent.
I am authorized to state that Justice Hines joins in this Dissent.
Page 1 2 3 4 5 6 Georgia Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|