The guiding principle of negligence liability is that one should be accountable for injuries occasioned by a failure to act with reasonable care. Since reasonableness is the guiding principle for negligence liability, it follows that one should not be held liable when the events leading to the injury, even if foreseeable in theory, are not likely to occur such that there is no reasonable expectation that one should prepare for them. This underlying principle was at the heart of a recent decision from the Georgia Court of Appeals, Allan v. Jefferson Lakeside L.P., which addressed whether the owner of an apartment complex could be liable for failing to install guardrails around an artificial lake on the property.
The tragic events at issue in this case occurred in May 1, 2010 at an apartment complex owned by the defendant. The plaintiffs had moved into the complex a few months earlier, and on this day the uncle of the plaintiffs’ son came to pick up the child and the child’s father, who was the brother of the driver. This was not the uncle’s first visit to the complex. While driving down the access road with his brother and the child, who was strapped in the backseat, he stopped on the side of the access road in order to retrieve cigarettes from the glove compartment. When his brother opened the glove compartment, the driver saw his navigation system and asked his brother to hand it to him. While he was mounting the navigation system on the dashboard, the driver unintentionally released his foot from the brake and pressed the accelerator, which caused the car to jump the curb and go down a slope that led to an artificial lake that was about only 14 feet from the curb. The car submerged, and although the driver and his brother were able to escape, the child drowned.