Georgia Supreme Court: Residential Lease Restriction Does Not Apply to Personal Injury Lawsuit Filed by Tenant Against Apartment Owner

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Last year we discussed a case where the Georgia Court of Appeals held that a residential lease between a landlord and tenant could be used to shorten the statute of limitations for filing a personal injury claim from two years to just one year. The plaintiff tenant subsequently asked the Supreme Court of Georgia to review that decision. The Supreme Court agreed to do so, and on October 21, it issued a decision reversing the Court of Appeals.

Langley v. MP Spring Lake, LLC

To briefly review the facts of this case, the plaintiff rented an apartment from the defendant. One day, the plaintiff fell in a common area of the apartment complex. She maintains her fall was the result of improper maintenance, specifically with respect to a portion of the curb where her food got caught. The plaintiff subsequently filed a personal injury lawsuit against the defendant.

In response to the lawsuit, the defendant argued that its lease with the plaintiff required her to bring any legal action arising under the lease within one year. The plaintiff actually filed her lawsuit just short of two years after the accident, which complied with Georgia’s statute of limitations for personal injury claims. The defendant maintained, however, that the lease effectively overruled and shortened the statute of limitations.

The Court of Appeals agreed with the defendant. It held the one-year limitations period of the lease applied to “any legal action” arising under said lease. This language was sufficient, in the Court’s view, to include personal injury actions.

The Georgia Supreme Court did not see it that way. Writing for the Court, Justice Charles J. Bethel said the phrase “any legal action” should not be “given its literal meaning,” but rather it was “intended to limit its application to lawsuits arising from the lease agreement” itself. And given the defendant drafted the lease, any ambiguity in the meaning had to be construed in favor of the plaintiff as the “non-drafter.”

Looking at the lease itself, Justice Bethel explained this was a fairly typical residential lease. In other words, it was a contract that created a landlord-tenant relationship. But the plaintiff’s accident was “not legally predicated” on this relationship. It was a premises liability claim that anyone could have brought had they fell on the defendant’s property.

So to the extent the lease purported to restrict the plaintiff’s ability to file a lawsuit arising from the landlord-tenant relationship, it was not “reasonable” to apply that same restriction to a personal injury claim. As Justice Bethel noted, to read the lease in that way would lead to some absurd legal outcomes: “It is difficult to believe, for example, that the parties intended the Limitation Provision to apply to tort claims resulting from a traffic accident miles away from the apartment complex between [the plaintiff’s] and the property manager’s vehicles, an intentional tort lawsuit against a property manager for punching a tenant, or a shareholder liability suit if [the plaintiff] happened to be a shareholder in [the defendant].”

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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