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Home » $2M DeKalb Settlement Reached Amid ‘Unique Premises Liability Issues’
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$2M DeKalb Settlement Reached Amid ‘Unique Premises Liability Issues’

News RoomBy News RoomJanuary 17, 20244 Mins Read
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$2M DeKalb Settlement Reached Amid ‘Unique Premises Liability Issues’ | Daily Report

















Page Printed From:

https://www.law.com/dailyreportonline/2024/01/16/2m-dekalb-settlement-reached-amid-unique-premises-liability-issues/

Arthur R. York of The York Firm, LLC in Atlanta. (Courtesy Photo) Arthur R. York of The York Firm LLC in Atlanta. (Courtesy photo)

NEWS

“This was an interesting case because the complex admitted superior knowledge of the creek’s existence, but denied it was a legal hazard, or that they were responsible for Damaria’s death,” plaintiff counsel Arthur R. York told the Daily Report.

January 16, 2024 at 02:35 PM

7 minute read

Cedra Mayfield

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What You Need to Know

  • Opposing counsel reach $2 million settlement five years after child drowns in creek on apartment complex’s premises.
  • Plaintiff counsel contend DeKalb County property owner failed to act or warn about creek’s potential danger despite having superior knowledge.
  • Defense counsel counter Georgia law does not impose a duty on owners and occupiers of land to install ‘barriers around bodies of water’ nor to provide warnings of hazards that are ‘objectively open and obvious.’

Opposing counsel have reached a $2 million settlement following the drowning of a child in a creek on an apartment complex’s property in 2019.

Atlanta plaintiff counsel Arthur R. York of The York Firm credits the seven-figure resolution to his dedication to “defeating summary judgment” by highlighting “unique premises liability issues.”

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