Missing Georgia Woman Found Dead After Falling Down a Well

A Georgia woman has been found dead after apparently falling down an uncovered well. Shirley Obert, 67, of Monroe County, disappeared on March 29 after being involved in a motor vehicle accident near Abercrombie and Oxford Roads. She called her husband to tell him where she was, but police were unable to find her. After two days of searching, an investigator stumbled upon a hole and found her body inside. Police believe Obert walked away from her vehicle and inadvertently fell down the uncovered well in a freak accident. 

While it’s unclear whether the facts of this case could give rise to a personal injury action, the accident is a salient reminder of the importance of property maintenance. If you’ve suffered an injury due to a dangerous condition on someone else’s property, a Tifton accident attorney can help you recover.  

Duties of Landowners in Georgia 

Owners and occupiers of real property in Georgia generally have an obligation to exercise ordinary care to keep their property safe for visitors (e.g., by preventing slips and falls). But what type of “ordinary care” the property owner or occupier must exercise depends upon the type of visitor. Georgia law breaks down visitors into three categories, with different duties owed to each: 

• Invitees: Visitors who have an express or implied invitation from the property owner and who enter for the owner’s benefit (e.g., customers of a business). For invitees, landowners must repair known hazards, warn of hidden hazards, and inspect and repair unknown hazards. 
• Licensees: Visitors who enter the property not as a customer, servant, or trespasser, but for their own interest (e.g., social guests). To licensees, landowners must refrain from causing willful or wanton injury. 
• Trespassers: Visitors who do not have permission to be on the property. To trespassers, landowners also owe the duty to refrain from causing willful or wanton injury. 

A visitor’s classification is not static; for example, a licensee can become a trespasser if they wander into an off-limits area or refuse to leave when asked. 

What About Duties in Regard to Wells? 

Wells are arguably “dangerous conditions.” While the duty owed would depend a great deal on the facts of the case, for invitees, a landowner could minimize his risk of a premises liability suit by covering wells and alerting invitees to their presence. But for licensees and trespassers, the duty is less clear. On one hand, the landowner could argue that the mere presence of a well on the property does not rise to the level of causing “willful or wanton” injury. But on the other hand, an injured visitor could argue that wells are analogous to booby traps, which do fall into the “willful and wanton” category. Regardless of the merits of such arguments, well covers and warning signs would certainly go far in preventing accidental deaths like Ms. Obert’s. 

Speak to a Tifton Accident Attorney if You’ve Been Hurt on Someone Else’s Property 

If you’ve suffered an injury on someone else’s property, you may be able to pursue a premises liability action. For more information, please contact a Tifton accident attorney at the Hudson Injury Firm by calling 229-396-5848 or using our online form.