What counts as a premises liability claim
These claims arise when an unsafe condition on someone's property causes injury: a wet floor without warning, poor lighting in a stairwell, a broken handrail, an unmarked change in floor level, debris in a walkway, or inadequate security.
Slip-and-fall incidents are the most familiar example, but the category is broader — it covers any preventable hazard a property owner or occupier should have addressed.
The duty owners owe
Under Georgia law, a property owner or occupier owes a duty of ordinary care to keep the premises safe for people invited onto them (O.C.G.A. § 51-3-1). The level of duty depends on why you were there — a customer in a store is owed more than someone present without permission.
The central question in most of these cases is knowledge. Did the owner know about the hazard, or should they reasonably have known? A spill that appeared moments earlier is treated differently from one that had been there for hours, or a broken step that had been reported repeatedly.
That is also why these cases turn on evidence that disappears quickly. Surveillance footage is often overwritten within days, and a hazard is usually cleaned up immediately after an incident.
How the firm handles these claims
We move to preserve evidence early — requesting footage before it is recycled, identifying maintenance and inspection records, and locating witnesses while memories are fresh.
We then establish what the owner knew and when, which is what separates a claim that succeeds from one that does not. Georgia's shared-fault rule applies here too, and property owners routinely argue that the hazard was open and obvious, so documenting the actual conditions matters.
If you are hurt on someone's property
- Report it to the owner or manager before leaving
- Ask that a written incident report be made, and request a copy
- Photograph the hazard immediately, from several angles
- Photograph the whole area, including lighting and signage
- Get names and contact details for any witnesses
- Keep the shoes and clothing you were wearing
- Seek medical attention even if the injury seems minor
Common questions
Do I have a claim if I did not notice the hazard?
Possibly. Not noticing a hazard does not automatically defeat a claim, though property owners often argue that a danger was open and obvious. What matters is whether the owner met their duty of care and whether your own conduct was reasonable in the circumstances.
How quickly should I act?
Quickly. Surveillance footage is frequently overwritten within days, and the hazard itself will usually be repaired or cleaned immediately. The legal deadline is longer than that, but the evidence that proves the claim often is not.
What if the store says it was my fault?
That is a common response, and it is not the final word. Georgia reduces recovery by your share of fault and bars it entirely at 50 percent or more, so how fault is documented and argued directly affects the outcome.
Does this only apply to stores and businesses?
No. Premises liability can apply to apartment complexes, parking areas, private residences, and public spaces. Who is responsible depends on who owned or controlled the area where the injury occurred.
This page describes general principles of Georgia law and is not legal advice. Statutes and procedures change, and how they apply depends on the facts of your situation. Speak with an attorney about your specific matter.