Injured by a Dangerous Deck or Staircase at a Georgia Rental Property: Who May Be Liable?

When a deck or staircase at a rental gives way, the landlord is the obvious target. But ownership alone does not make someone legally responsible. Georgia law asks who controlled the area, which duty applied, and what the responsible party knew.

Why Possession and Control Matter

Georgia treats tenant-held areas differently from landlord-controlled ones. Title 44, Chapter 7, Article 1 covers out-of-possession landlord liability, while Title 51, Chapter 3, Article 1 covers duties owed to invited visitors.

In Cham v. ECI Management Corp., the Georgia Supreme Court explained that tenant-possessed areas may fall under § 44-7-14, while landlord-controlled areas may follow ordinary premises liability. A deck on a single-family rental may be the former; a staircase serving several apartments, the latter.

Why Knowledge of the Defect Can Decide the Case

Georgia’s landlord-tenant article obligates landlords to keep rentals in repair, and leases signed or renewed on or after July 1, 2024 add a habitability requirement. Neither automatically makes a landlord liable.

In WCE Holdings B, LLC v. Lewis, a deck collapsed during a party, and a hidden beam showed damage consistent with water or termites. Although the landlord had made cosmetic repairs, the Court of Appeals reversed the denial of summary judgment for the landlord because the guests had not shown it knew or should have known of the concealed damage. 

In Aldredge v. Byrd, the court held an out-of-possession landlord not liable because a contractor built the deck and notice was lacking. Hiring a contractor, however, is no blanket shield. Helpful questions include:

• Did a tenant report unstable stairs, rotting wood, or loose railings?
• Were there visible signs of decay?
• Did the landlord have time to fix it?

Document the Hazard and Protect Your Claim

Report hazards in writing and keep copies. After an injury, gather photographs, witnesses, medical records, and prior repair requests, and preserve damaged materials only where safe. A visitor not named on the lease may still have a claim, and a property manager or contractor may share responsibility.

Morris & Dean can review your lease, management contracts, and repair records to identify who controlled the area and who may be responsible. To discuss what happened, contact us or call us at 706-222-3790.