The principles relating to nuisance liability apply
to the persons that create the nuisance along with developers, builders, and property owner associations for whom they act. Under Georgia law, a person that makes decisions that cause a nuisance cannot claim some special insulation from responsibility by reason of employment or agency for another. So for example, if a property management agent is negligent in making decisions regarding management of a storm water system to the detriment of a property owner, the agent can be liable just like the principal for whom the agent may be working. Each person or entity,
including even shareholders of company actors that have control over the
creation or continuance of damage to property might be liable. Sumitomo Corp. of
America v. Deal, 256 Ga. App. 703, 707 (2002). “One damaged by
the tort of a corporate agent may sue the individual agent, the corporation or
both.” Foxchase, LLLP v.
Cliatt, 254 Ga. App. 239, 241 (2002). Liability devolves to the person or entity that has control over the decisions that cause the nuisance to happen.
Ultimately, this was
an issue for the jury to decide in light of the scope of the agent's authority to make a decision. Because the scope of agency involves mixed questions of
law and fact, “[t]he agent's authority as well as his negligence . . . are jury
questions . . ..” Warnock v. Elliott,
96 Ga. App. 778 (1957). In determining the extent of the agent’s authority to ascertain if it
had committed misfeasance thereby subjecting it to liability, the agency cannot
“be established by declarations of the agent alone.” Warnock v. Elliott,
96 Ga. App. 778 (1957).
