Johnston v. Ross

Luanne Johnston claimed that the absence of a handrail caused her to fall down a set of steps at the house she rented as her residence. She sued Michael Ross, her landlord and the builder of the house, claiming Ross was liable for her injuries under OCGA § 51-3-1 for failing to keep the premises safe, under OCGA §§ 44-7-13 and 44-7-14 for failing to keep the premises in repair and defective construction, and under common law principles governing negligent construction.

As the majority concedes, it is undisputed that the landlord, Ross, built the house and constructed the steps at issue without…