O.C.G.A. § 9-3-52 (2019)
Limitation not available to owner or tenant
The limitation prescribed by this article shall not be asserted as a defense by any person who would otherwise be entitled to its benefits but who is in actual possession or control, as owner, tenant, or otherwise, of such an improvement at the time any deficiency of such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.
History
Ga. L. 1968, p. 127, § 4.
Annotations
JUDICIAL DECISIONS Employing contractor had at least equal knowledge of specific hazard. - In a mesothelioma case, the grant of summary judgment to defendant hospital was upheld because plaintiff’s employing contractor had at least equal knowledge of the specific hazard posed by exposure to
asbestos at defendant hospital and full knowledge by the independent contractor of the dangers was sufficient to discharge the landowner’s duty to its invitees. Sinyard v. Ga. Power Co., 363 Ga. App. 195, 871 S.E.2d 45, 2022 Ga. App. LEXIS 138 (2022).
RESEARCH REFERENCES Am. Jur. 2d. 51 Am. Jur. 2d, Limitation of Actions, §§ 108 et seq., 137 et seq. C.J.S. 53 C.J.S., Limitation of Actions, §§ 82 et seq., 105. ALR. Validity and construction, as to claim
alleging design defects, of statute imposing time limitations upon action against architect or engineer for injury or death arising out of defective or unsafe condition of improvement to real property, 93 A.L.R.3d 1242.