Legal Opinion · Concurrence

Davis v. GBR Properties, Inc.

Court of Appeals of Georgia

Decided June 11, 1998No. A98A0258Published

1ConcurrenceEldridge, Judge

While I concur entirely with the majority, I believe that several important legal factors should also be addressed.

1. The legal significance under OCGA § 51-3-1 of the Georgia Access To & Use of Public Facilities By Persons With Disabilities Act, OCGA § 30-3-1 et seq., which mandates compliance with the American National Standards Institute standards1 or possibly the Rehabilitation Act of 19732 is that the owner/occupier has actual or constructive knowledge of any static condition, the absence of any safety *554device mandated, or prohibited condition under such Acts. Thus, as to any…

2Cases cited8 opinions

  1. Robinson v. Kroger Co.Supreme Court of Georgia · 1997
  2. Alterman Foods, Inc. v. LigonSupreme Court of Georgia · 1980
  3. Thompson v. CrownoverSupreme Court of Georgia · 1989
  4. Central Anesthesia Associates P. C. v. WorthyCourt of Appeals of Georgia · 1984
  5. Potts v. Fidelity Fruit & Produce Company, Inc.Court of Appeals of Georgia · 1983

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