Hurt on unsafe property in Atlanta? Our Georgia-licensed premises liability lawyers handle slip and falls, store accidents, and negligent security across Fulton, DeKalb, Cobb, and Gwinnett. We move fast to preserve surveillance video and inspection records and deal with the insurer for you. Free case review. No fee unless we win.
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Georgia Premises Liability Law (O.C.G.A. §§ 51-3-1-51-3-3)
Overview of Georgia Premises Liability Law
Premises liability means property owners must keep their property safe for visitors. When they fail to fix hazards or warn about dangers, and someone gets hurt, they can be held responsible. Georgia premises liability law sets clear rules about who owes a duty of care and when.
Georgia’s Duty of Care to Invitees, Licensees, and Trespassers
A duty of care means property owners must take reasonable steps to prevent injuries. This includes regular inspections, fixing known problems, and warning visitors about dangers they can’t immediately fix.
Invitee vs. Licensee vs. Trespasser
Georgia law divides visitors into three groups. An invitee is someone invited for business purposes, like a customer in a store. A licensee is a social guest. A trespasser enters without permission. Property owners owe the highest duty to invitees, less to licensees, and minimal duty to trespassers.
Key Georgia Statutes: O.C.G.A. § 51-3-1, § 51-3-2, § 51-3-3
These laws spell out exactly what property owners must do. O.C.G.A. § 51-3-1 covers invitees, requiring owners to keep property safe. O.C.G.A. § 51-3-2 covers licensees, requiring warnings about hidden dangers. O.C.G.A. § 51-3-3 covers trespassers, with special rules for child trespassers under the attractive nuisance doctrine.
Do I Have a Case? Georgia Eligibility Checklist (2-Year Deadline)
Quick checklist – you likely have a case if:
- A hazardous condition caused your injury
- The owner knew or should have known about the danger
- You sought medical care and have documentation
- You’re within Georgia’s 2-year deadline (O.C.G.A. § 9-3-33)
- You were less than 50% at fault for the accident
A Hazardous Condition Existed and Caused Your Injury
You must show a dangerous condition directly caused your injury. This could be a wet floor, broken stairs, poor lighting, or missing security measures.
The Owner Knew or Should Have Known (Notice and Foreseeability)
Actual notice means the owner knew about the hazard. Constructive notice means they should have known through reasonable inspections. Foreseeability means a reasonable person could predict the danger.
You Sought Medical Care and Documented Injuries
Medical documentation proves your injuries are real and connects them to the accident. Always seek treatment right away. Counseling, therapy, and medications for psychological injuries are recoverable as economic damages with supporting medical documentation.
You Are Within Georgia’s 2-Year Deadline (O.C.G.A. § 9-3-33)
Georgia’s statute of limitations gives you two years from the injury date to file a lawsuit. Don’t wait – evidence disappears quickly.
Georgia’s Comparative Negligence (50% Bar Rule)
Under Georgia’s comparative negligence rules, if you’re 50% or more at fault, you can’t recover damages. If you’re less than 50% at fault, your compensation reduces by your percentage of fault. For example, if you’re found 20% at fault, a $100,000 verdict becomes $80,000.
Common Premises Liability Claims We Handle in Atlanta
Slip, Trip, and Fall Hazards
We handle cases involving spills, uneven flooring, loose cords, broken tiles, and other trip hazards that cause injuries.
Negligent Security at Atlanta Apartments, Hotels, and Businesses
When inadequate security leads to assaults or attacks at apartments, hotels, or businesses, property owners may be liable for negligent security.
Dangerous Stairs, Walkways, and Code Violations
Missing handrails, broken steps, and building code violations often cause serious injuries.
Dog Bites and Animal Attacks
Georgia holds dog owners responsible when their animals attack, especially if the dog has shown aggressive behavior before.
Swimming Pool and Recreational Accidents
Pool owners must maintain safe conditions and protect children from attractive nuisance dangers.
Falling Objects and Unsafe Conditions
Items falling from shelves in stores and warehouses cause serious head and body injuries.
Parking Lot, Hotel, Restaurant, and Retail Incidents
Poor lighting, potholes, and inadequate maintenance in commercial properties lead to many injuries.
Elevator/Escalator Malfunctions and Building Defects
Mechanical failures and poor maintenance can cause devastating injuries.
Negligent Security at Atlanta Apartments, Hotels, and Businesses
Prior Similar Crimes, Foreseeability, and Crime Data
We investigate crime data and prior incidents to prove owners should have known about security risks.
Broken Locks, Poor Lighting, and Inadequate Surveillance
Basic security failures like broken locks and dark parking lots make crimes predictable and preventable.
Security Staffing, Patrols, and Access Control Failures
Properties in high-crime areas need proper security staff and controlled access to protect visitors.
Evidence: Police Reports, 911 Calls, Incident Logs, Camera Coverage
We gather police reports, 911 calls, and surveillance footage to build strong negligent security cases.
Types of Injuries We See
Fractures, Sprains, and Orthopedic Injuries
Broken bones and torn ligaments often require surgery and months of recovery.
Traumatic Brain Injuries (TBI) and Concussions
Head injuries from falls can cause lasting cognitive problems and personality changes.
Spinal Cord and Neck/Back Injuries
Back and spine injuries may lead to chronic pain or paralysis.
Lacerations, Scarring, and Nerve Damage
Deep cuts and nerve damage can cause permanent disfigurement and loss of function.
Psychological Injuries After Assaults
PTSD and anxiety following violent attacks are real injuries deserving compensation.
Who Can Be Held Liable?
Property Owners, Occupiers, and Managers
Anyone controlling the property may share liability for unsafe conditions.
Landlords, Apartment Complexes, Hotels, and HOAs
Residential and commercial property managers must maintain safe common areas.
Third-Party Contractors and Maintenance Companies
Companies hired to maintain property can be liable for their negligence.
Government Entities and Public Property
Special rules and ante litem notice requirements apply to claims against cities, counties, and the state due to sovereign immunity protections. Deadlines: 6 months for claims against cities; 12 months for claims against counties and the State (with required ante litem contents).
Proving Negligence and Causation in Georgia
Notice and Foreseeability
We must prove the owner knew or should have known about the hazard through actual notice or constructive notice from inspection records.
Breach of Duty and Proximate Cause
The owner’s failure to act reasonably must be the proximate cause of your injuries.
Open-and-Obvious and “Wet Floor” Sign Defenses
Property owners often claim hazards were open and obvious or that wet floor signs provided adequate warning.
Weather and Georgia’s “Rainy Day” Rule
The rainy day rule says owners aren’t liable for naturally occurring water tracked inside during storms, but they still must take reasonable precautions.
Comparative Fault in Georgia (50% Bar Rule)
Insurance companies will try to blame you. We fight back against these tactics to maximize your recovery.
Evidence That Wins: Video, Sweep Logs, and Medical Proof
Key evidence types that strengthen your claim:
- Surveillance video and security camera footage
- Sweep logs and inspection records
- Incident reports and maintenance logs
- Photos of hazards and witness statements
- Medical records and bills
- Police reports, 911 calls, and crime data
- Your footwear and clothing from the incident
Inspection/Sweep Records and Maintenance Logs
Sweep logs and inspection logs show whether owners regularly checked for hazards.
Preservation and Spoliation Letters for Video/Records
We send spoliation letters immediately to preserve evidence before it’s deleted.
Photos, Witness Statements, and Preservation Letters
Photos of the hazard and witness accounts prove conditions at the time of injury.
Medical Documentation and Expert Opinions
Medical records and expert witnesses establish the extent and cause of injuries.
Police Reports, 911 Calls, and Crime Grids
For security cases, crime data proves the property owner should have anticipated danger.
Your Footwear/Clothing and Condition of the Hazard
Save the shoes and clothes you wore – they may become important evidence.
What To Do After an Injury on Someone Else’s Property
What to Do Right Now:
- Report the incident to property management immediately
- Seek medical care (emergency room or urgent care)
- Photograph the hazard and your injuries
- Collect witness names and contact information
- Call a premises liability lawyer (preserve shoes/clothing you wore)
Report the Incident and Seek Prompt Medical Care
Tell the manager immediately and get medical treatment. Your health comes first.
Document Hazards and Preserve Evidence
Take photos of the dangerous condition and your injuries. Get contact information from witnesses.
Save Your Shoes/Clothing and Avoid Social Media Posts
Keep everything you wore. Don’t post about the accident online – insurers will use it against you.
Avoid Recorded Statements Before Speaking to a Lawyer
Insurance adjusters want recorded statements to minimize your claim. Talk to us first.
Contact an Atlanta Premises Liability Attorney
The sooner you call, the better we can protect your rights and preserve evidence.
Who Pays: CGL, Homeowners, MedPay, and Umbrella Coverage
Commercial General Liability (CGL) vs. Homeowners Policies
Businesses typically have commercial general liability insurance, while homeowners have homeowners insurance covering injuries.
Medical Payments (MedPay) Coverage
Medical payments coverage pays initial medical bills regardless of fault, usually up to $5,000.
Umbrella Coverage and Excess Policies
Umbrella policies provide extra coverage when primary insurance limits aren’t enough.
Health Insurance Liens, Medicare/Medicaid, and Subrogation
Your health insurance may claim reimbursement from your settlement. ERISA and hospital liens may apply. We negotiate lien reductions to maximize your net recovery.
Compensation You May Recover
Medical Bills and Future Care
All medical expenses, including future surgeries, therapy, and medications.
Lost Wages and Diminished Earning Capacity
Income you’ve lost and future earnings if you can’t return to the same work.
Pain and Suffering (Non-Economic Damages)
Compensation for physical pain and emotional distress caused by your injuries.
MedPay Benefits and Property Damage
Immediate medical coverage and replacement of damaged personal items.
Punitive Damages in Egregious Cases
When conduct is especially reckless, courts may award punitive damages to punish the wrongdoer.
Wrongful Death Claims for Fatal Incidents
Families can pursue wrongful death claims when premises liability leads to death.
Our Process: From Preservation Letter to Settlement
Free Case Review and Case Strategy
We review your case free of charge and develop a winning strategy.
Early Preservation Letters and Rapid Evidence Gathering
We immediately send preservation of evidence letters to protect crucial surveillance footage and records.
Liability Analysis and Damages Documentation
We thoroughly investigate liability and document all your damages.
Insurance Claim, Demand Letter, and Negotiation
We handle all insurance communications and send powerful demand letters.
Settlement Negotiation, Litigation, and Trial
We negotiate aggressively for fair settlements but are ready for litigation and trial when necessary.
Release of Claims and Final Settlement Paperwork
After settlement, you’ll sign a release of claims that permanently closes the case. We review all terms with you to ensure you understand what rights you’re giving up before signing.
Contingency Fees: No Fee Unless We Win
You pay nothing upfront. We only get paid when we win your case.
Georgia Deadlines (O.C.G.A. § 9-3-33), Ante Litem, and Case Timeline
Georgia Statute of Limitations for Injury Claims
O.C.G.A. § 9-3-33 gives you two years to file a lawsuit. Don’t wait – evidence disappears quickly.
Preservation Windows for Surveillance and Records
Many businesses delete video after 30 days. Act quickly to preserve evidence.
Factors That Can Extend or Shorten Timelines
Government claims require ante litem notice within six months or one year, depending on the entity.
Ante Litem Notice for Claims Against Cities, Counties, or the State
Special notice requirements apply to government claims due to sovereign immunity protections.
What to Expect at Each Stage of a Case
Most cases settle within 6-12 months, but complex cases requiring litigation may take 1-2 years.
Special Rules for Claims Against Government Entities
Sovereign and Municipal Immunity Basics
Government entities have special protections but can be sued for maintaining dangerous property.
Ante Litem Notice Deadlines and Required Contents
You must provide written notice within strict deadlines, including specific information about your claim.
Common Pitfalls When Suing Public Entities
Missing notice deadlines or filing incorrect paperwork can destroy your claim. Get legal help immediately.
Why Hire a Local Atlanta Premises Liability Lawyer
Local Knowledge of Courts and Procedures
We know the judges, procedures, and local rules in Fulton, DeKalb, Cobb, and Gwinnett counties.
Resources to Investigate and Prove Negligence
We have relationships with expert witnesses in engineering, security, and medical fields to prove your case.
We Handle Insurers So You Can Focus on Healing
Let us deal with aggressive insurance adjusters while you recover from your injuries.
Local Courts: Fulton, DeKalb, Cobb, Gwinnett
We serve injured people throughout Fulton, DeKalb, Cobb, and Gwinnett counties.
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Why Choose Our Firm
- Georgia-licensed attorneys
- Local court experience: Fulton, DeKalb, Cobb, Gwinnett
- Clear, frequent case updates
- Contingency fee—no fee unless we win
- Ethical standards aligned with the State Bar of Georgia
Service Areas in Metro Atlanta
North Atlanta Communities
Atlanta, Sandy Springs, Roswell, Johns Creek – we handle premises liability cases throughout North Fulton.
DeKalb County Areas
Decatur, Stone Mountain, Brookhaven, Dunwoody – serving all of DeKalb County’s communities.
Cobb County Cities
Marietta, Smyrna, Kennesaw, Mableton – representing injured people across Cobb County.
Gwinnett County Locations
Lawrenceville, Duluth, Norcross, Suwanee – covering all of Gwinnett County.
FAQs
We work on contingency fees – you pay nothing unless we win. Typically, fees are 33-40% of your settlement.
First, we investigate and gather evidence. Then we file an insurance claim, negotiate, and litigate if necessary.
Photos, surveillance footage, witness statements, medical records, and inspection records strengthen your case.
Simple cases may settle in 6-12 months. Complex cases requiring litigation can take 1-2 years.
Look for Georgia-licensed attorneys with local court experience and a track record in premises cases.
If you’re less than 50% at fault, you can still recover damages reduced by your percentage of fault.
Medical bills, lost wages, pain and suffering, and sometimes punitive damages.
Open and obvious doctrine, comparative negligence, lack of notice, and independent contractor defenses.
Trespassers have limited rights, but property owners can’t set traps or intentionally harm you.
Yes, most cases settle through negotiation. Mediation and arbitration are also options.
Possibly. A wet floor sign doesn’t eliminate liability if the owner didn’t take reasonable steps to fix the hazard.
Yes, if inadequate security and prior crimes made the attack foreseeable.
Settlements vary widely based on injuries, from $10,000 for minor injuries to hundreds of thousands for serious harm.
We send preservation letters immediately upon taking your case, often within 24-48 hours, to prevent deletion of crucial evidence.
Yes, after settlement you’ll sign a release that permanently closes your case against all parties. We carefully review all terms with you before signing.
Local firms know the judges, court procedures, and community standards. We’re accessible for meetings and understand Atlanta-area properties and their common hazards.
Get Help Today – Free Consultation
Don’t wait to get the help you deserve. Evidence disappears quickly. Call now for your free case review. No fees unless we win.
- Georgia-licensed attorneys
- Local court experience: Fulton, DeKalb, Cobb, Gwinnett
- Clear, frequent case updates
- Contingency fee—no fee unless we win
- Ethical standards aligned with the State Bar of Georgia
Disclaimer: This page provides general information about premises liability law in Georgia. It is not legal advice and does not create an attorney-client relationship. Each case is unique. Contact us for advice about your specific situation.


