HB 585 - Torts; rental dwellings; lead poisoning ; liability

Georgia House of Representatives - 1995/1996 Sessions

HB 585 - Torts; rental dwellings; lead poisoning ; liability

Page Numbers - 1/ 2
Code Sections - 51-3-3
Prev Bill Next Bill Bill Summary Bill List Disclaimer
1. Thomas  148th          2. Pelote  149th

House Comm: SJudy / Senate Comm: / House Vote: Yeas Nays Senate Vote: Yeas Nays ---------------------------------------- House Action Senate ---------------------------------------- 2/3/95 Read 1st Time 2/6/95 Read 2nd Time 2/28/95 Unfavorably Reported ---------------------------------------- Code Sections amended: 51-3-3
HB 585 LC 16 4048 A BILL TO BE ENTITLED AN ACT 1- 1 To amend Article 1 of Chapter 3 of Title 51 of the Official 1- 2 Code of Georgia Annotated, relating to liability of owners 1- 3 and occupiers of land generally, so as to provide that the 1- 4 owner of any rental dwelling shall be liable for all 1- 5 necessary expenses incurred in treating the effects of lead 1- 6 poisoning in any child residing in such dwelling if it is 1- 7 determined that such lead poisoning is the result of 1- 8 exposure to lead-based paint or other lead hazard in such 1- 9 dwelling; to provide for exceptions; to provide for related 1-10 matters; to provide for an effective date; to repeal 1-11 conflicting laws; and for other purposes. 1-12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA: SECTION 1. 1-13 Article 1 of Chapter 3 of Title 51 of the Official Code of 1-14 Georgia Annotated, relating to liability of owners and 1-15 occupiers of land generally, is amended by adding at the end 1-16 thereof a new Code Section 51-3-3 to read as follows: 1-17 "51-3-3. (Index) 1-18 The owner of any real property on which is located one or 1-19 more rental dwellings shall be liable for all expenses 1-20 necessary for the treatment of the effects of lead 1-21 poisoning in any child who resides in such dwelling if it 1-22 is medically determined that such lead poisoning is the 1-23 result of exposure to lead-based paint or other lead 1-24 hazard in such dwelling or on the grounds of such real 1-25 property; provided, however, that if the owner of such 1-26 property demonstrates that reasonable attempts have been 1-27 made to remove lead-based paint or other lead hazard from 1-28 such dwelling or otherwise to abate such hazard such owner 1-29 shall not be liable unless it is demonstrated that the 1-30 owner had knowledge or should have known that there was 1-31 accessible lead-based paint or other lead hazard in such 1-32 dwelling and failed to take further steps to abate 1-33 exposure." -1- (Index) LC 16 4048 SECTION 2. 2- 1 This Act shall become effective on June 1, 1996. SECTION 3. 2- 2 All laws and parts of laws in conflict with this Act are 2- 3 repealed. -2- (Index)

Office of the Clerk of the House
Robert E. Rivers, Jr., Clerk of the House
Last Updated on 01/02/97