GA Court Overturns Verdict: How Improper Jury Instructions Impact Premises Liability Cases
Premises liability cases in Georgia hinge on a property owner’s duty to maintain a safe environment for visitors. However, a recent trend reveals a critical vulnerability: improper jury instructions. When these instructions fail to accurately reflect the law, the consequences can be significant, leading to overturned verdicts and a renewed pursuit of justice for injured parties. In fact, a Georgia Court of Appeals case from late October 2025 highlighted this issue, vacating a $140 million verdict due to errors in the premises liability instructions given to the jury. This underscores the importance of precise and legally sound guidance for jurors in these complex cases.
Understanding Premises Liability in Georgia
In Georgia, premises liability law dictates that property owners, managers, and occupants can be held responsible for injuries occurring on their property due to negligence. This responsibility extends to a variety of locations, including residences, businesses, and other land parcels. The foundation of a premises liability claim rests on proving several key elements:
- Duty of Care: The property owner or controller owed a duty of care to the injured party. This duty varies depending on the visitor’s status (invitee, licensee, or trespasser).
- Breach of Duty: The property owner or controller breached their duty of care by failing to maintain a safe environment or warn of known hazards.
- Causation: The breach of duty directly caused the injury.
- Damages: The injured party suffered damages as a result of the injury, such as medical expenses, lost wages, and pain and suffering.
The Critical Role of Jury Instructions
Jury instructions are the legal guidelines provided to jurors, explaining how to interpret the law and apply it to the facts presented during a trial. These instructions are crucial for ensuring a fair and just verdict. In premises liability cases, accurate jury instructions are essential for jurors to understand:
- The specific duty of care owed by the property owner.
- The elements of negligence that must be proven.
- The concept of “reasonable care” in maintaining the premises.
- Defenses available to the property owner.
- How to assess damages.
The Impact of Improper Jury Instructions
When jury instructions are inaccurate, incomplete, or misleading, the consequences can be severe. Some common errors in jury instructions that can impact premises liability cases include:
- Misstating the Duty of Care: Failing to accurately explain the property owner’s duty of care to different types of visitors (invitees, licensees, trespassers).
- Omitting Essential Elements: Leaving out key elements of a premises liability claim, such as causation or damages.
- Confusing Legal Concepts: Using complex legal jargon or failing to explain legal concepts in a clear and understandable manner.
- Biased Instructions: Presenting instructions that favor one party over the other.
The Georgia Court of Appeals case from late October 2025, involving a fatal apartment fire, serves as a stark reminder of the potential consequences of improper jury instructions. In that case, the court found that the trial judge had erred by instructing the jury on general premises liability law, rather than the more specific landlord liability law. This error led to the overturning of a \$140 million verdict against the landlord.
Recent Georgia Supreme Court Decisions
The Georgia Supreme Court has also weighed in on premises liability issues, particularly in cases involving criminal activity on the property. In Georgia CVS Pharmacy, LLC v. Carmichael, the Court addressed the issue of foreseeability in premises liability cases involving third-party criminal acts. The Court held that reasonable foreseeability can be shown based on the “totality of the circumstances,” and that prior similar incidents on the property are not required to establish foreseeability.
Furthermore, the Court has provided guidance on the apportionment of fault in premises liability cases. While Georgia’s Apportionment Statute does not require the jury to apportion fault to each party and non-party in every case, the statute does not authorize the jury to decline apportionment to a non-party where the evidence compels a finding that the non-party shares some degree of fault for the harm alleged.
Seeking Justice After a Verdict is Overturned
If a jury verdict in a premises liability case is overturned due to improper jury instructions, the injured party has the right to pursue a new trial. This can be a complex and challenging process, but it is essential for ensuring that justice is served.
If you or a loved one has been injured on someone else’s property in Georgia, it is crucial to seek legal advice from an experienced premises liability attorney. An attorney can help you understand your rights, investigate the circumstances of your injury, and determine the best course of action.
Don’t let improper jury instructions stand in the way of justice. Contact us today for a consultation.