Thomas v

Metro. Atlanta RTA, 300 Ga. App. 98, 684 S.E.2d 83, 2009 Ga. App. LEXIS 1019 (2009). Trial court erred in granting a directed verdict to a landlord in the tenants’ claims that the tenants were injured in a malfunctioning elevator. The landlord failed to report the incident and inspect the elevator as required by O.C.G.A. § 8-2-106, giving rise to the spoliation presumption under former O.C.G.A. § 24-4-22 (see now O.C.G.A. § 24-14-22) that the evidence would have favored the tenants. Beach v. B.F. Saul Prop. Co., 303 Ga. App. 689, 694 S.E.2d 147, 2010 Ga. App. LEXIS 347 (2010). Spoliation of evidence. — Unpublished decision: When an escalator causes an injury, Georgia law requires 8-2-107 that the escalator be placed out of service until a state authority can inspect the escalator. The Georgia Court of Appeals has concluded that a violation of O.C.G.A. § 8-2-106 is a form of spoliation, which warrants a rebuttable presumption that the spoiled evidence would have been harmful to the spoliator. Piechota v. Marriott Int’l, Inc., 144 Fed. Appx. 45, 2005 U.S. App. LEXIS 16506 (11th Cir. 2005). No violation shown. — Worker in a premises liability case involving an elevator did not show that the premises owner violated O.C.G.A. § 8-2-106(c); the record was silent as to whether a state inspector ever inspected the freight elevator at issue after the accident. Henson v. Georgia-Pacific Corp., 289 Ga. App. 777, 658 S.E.2d 391, 2008 Ga. App. LEXIS 197 (2008).