In a recent decision by the Court of Appeals of Georgia, the court reversed a trial court’s denial of summary judgment in favor of High West, LLC. The case involves Michelle Reese, who filed a lawsuit after being injured by a wall-mounted hairdryer that fell during her visit to a beauty salon. The premises were leased by High West to Alicia Marston for her salon business. Reese alleged that High West was liable as the premises owner under Georgia law.
The trial court had previously denied High West’s motion for summary judgment, suggesting there was a factual question regarding whether High West retained possession and control over the property. However, upon appeal, the Court of Appeals found that High West was an out-of-possession landlord and not liable under OCGA ยง 51-3-1 for premises liability. The appellate court concluded that there was no evidence indicating High West had actual or constructive knowledge of any dangerous condition related to the hairdryer installation.
This ruling emphasizes the legal protections afforded to out-of-possession landlords under Georgia law, particularly concerning their limited liability for injuries occurring on leased properties.
