When someone walks into a store, visits an apartment complex, or steps onto another person’s property, they don’t expect to leave in an ambulance. But when property owners cut corners or ignore dangerous conditions, real people get hurt—sometimes badly. Broken stairs, wet floors, poor lighting, and missing security aren’t just oversights. They’re failures that can change lives in an instant. When that happens, the victim doesn’t just need medical help—they need someone who’s not afraid to hold the responsible party accountable.
Georgia Premises Liability Lawyer
The lawyers at McArthur Law Firm are ready to step in and do just that. These cases are serious, and they require a serious response. Property owners and insurance companies have teams working to protect their side. Victims deserve someone in their corner who’s ready to fight back with facts, evidence, and relentless focus.
McArthur Law Firm serves Fulton County, Bibb County and Fulton County, as well as Clayton County, Cherokee County, Forsyth County, and other counties in Georgia. For more information about the McArthur Law Firm or to set up a free consultation to learn what we may be able to do to help you with your personal injury case, give us a call at one of our offices in Georgia or fill out our online contact form.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
Overview of Premises Liability
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- Types of Georgia Premises Liability Accidents
- Injuries Sustained by Victims in Premises Liability Accidents
- About Georgia’s Premises Liability Law
- Duty Of Reasonable Care
- Determining Liability in Premises Liability Accidents
- How a Georgia Premises Liability Attorney Helps Victims
- What to Do After an Injury
- Common Questions
- Additional Resources
Types of Georgia Premises Liability Accidents
Slip And Fall Accidents — One of the most frequent types of premises liability in Georgia, these accidents happen when someone falls due to wet floors, broken steps, uneven sidewalks, loose carpets, poor lighting, or other hazards. If a store or business knew—or should have known—about the danger and didn’t fix it or put up a warning, they can be held responsible. A key issue is whether the owner had enough time to become aware of the hazard and take action.
Negligent Security — These claims involve violent crimes or assaults that occur on someone else’s property because the owner didn’t provide proper protection. This can include broken locks, poor lighting in parking lots, or a lack of security guards in areas with a history of crime. Property owners don’t have to guarantee everyone’s safety, but they do have a duty to take reasonable steps to prevent foreseeable criminal attacks. This type of case often comes up in apartment complexes, hotels, and shopping centers.
Dog Bites And Animal Attacks — In Georgia, dog owners can be held responsible if their animal injures someone and the owner knew the dog had vicious tendencies. Under O.C.G.A. § 51-2-7, an injured person must show that the dog was dangerous and the owner didn’t properly restrain it. If the dog wasn’t on a leash in an area that requires it, that can also help prove liability. These cases are especially common in neighborhoods or parks where owners let dogs roam freely.
Swimming Pool Accidents — These injuries often involve children and can happen when pools are left unlocked, unsupervised, or without proper fencing. Georgia law doesn’t have a specific pool liability statute, but courts recognize a duty to secure pools and protect children from harm, especially under the “attractive nuisance” theory. Property owners must take extra precautions to keep young children away from obvious dangers like a backyard or apartment pool.
Elevator And Escalator Injuries — When these machines malfunction due to poor maintenance or outdated equipment, the property owner or maintenance company may be at fault. These accidents can cause serious injuries, especially when the machinery suddenly drops, stops, or traps someone. Georgia courts will look at whether the owner followed inspection and repair standards that are common for the industry.
Toxic Exposure — Premises liability can also include cases where someone is exposed to harmful substances like mold, asbestos, or chemicals on a property. If the property owner knew or should have known about the hazardous condition and didn’t fix it or warn people, they may be liable for resulting illnesses. These cases are more complex and usually require expert testing and medical proof to link the exposure to the health issue.
Construction Site Hazards — Visitors or guests who are hurt near or on construction sites may have a claim if the site wasn’t properly secured. This could include falling debris, open trenches, or lack of warning signs. If the property is under construction and still open to the public, the owner or contractor must keep it safe under the same legal duty in O.C.G.A. § 51-3-1. Even if someone was not authorized to be on the property, courts may still consider liability if the danger was obvious and unguarded.
Parking Lot Falls — These accidents often occur due to uneven pavement, poor lighting, inadequate maintenance, or slippery surfaces. People of all ages can be affected, but elderly individuals are especially vulnerable.
Injuries Sustained by Victims in Premises Liability Accidents
Traumatic Brain Injuries (TBIs) — These often occur when someone hits their head during a fall, potentially causing memory issues, confusion, mood changes, and difficulty concentrating. Some effects are immediate, while others show up later. Severe cases can impact work or self-care.
Spinal Cord Injuries & Paralysis — Damage from falls or being struck by heavy items can affect the spine, leading to paralysis or loss of movement. Recovery usually requires surgery and long-term care.
Broken Bones & Complex Fractures — Injuries from falls may result in broken bones, and complex fractures can demand surgery and extended rehab. Older adults are especially at risk of losing mobility from hip or wrist breaks.
Infections from Dog Bites or Wounds — Untreated dog bites or deep cuts may become infected, sometimes requiring antibiotics or surgery. Children are particularly vulnerable to lasting effects.
Drowning or Near-Drowning — Pool-related incidents can lead to fatal outcomes or brain damage due to oxygen deprivation. Survivors often need extensive, lifelong care.
Burns & Breathing Issues from Chemicals — Contact with mold, toxic fumes, or strong cleaning agents may result in burns or respiratory problems such as asthma. Children and individuals with pre-existing conditions are most at risk.
Emotional Trauma — Psychological effects from accidents or assaults can include anxiety, depression, or PTSD. Victims may require therapy or medication to manage the long-term emotional impact.
About Georgia’s Premises Liability Law
A Georgia premises liability case is a legal claim that someone can file after being hurt on another person’s property because of unsafe or dangerous conditions. These types of cases are based on the idea that the person or company in control of the property failed to keep it reasonably safe for visitors. In Georgia, the law that covers this responsibility is found in O.C.G.A. § 51-3-1, which says that a landowner or occupier who invites people onto their property for lawful purposes must exercise ordinary care to keep the premises safe.
This duty applies to all sorts of property owners and operators—homeowners, business owners, landlords, government agencies, and others. There are other Georgia laws that can also apply depending on the situation. For instance, O.C.G.A. § 51-3-2 applies to people who are on the property with permission but not as invited guests, like someone walking through a parking lot shortcut. The law gives less protection to those individuals, and almost no protection to trespassers. However, if a child is involved, different rules may apply, such as the “attractive nuisance” doctrine, though Georgia courts examine those situations very carefully.
Overall, a premises liability case is about whether someone got hurt because a property owner didn’t take reasonable steps to keep their place safe. Not every accident will qualify, but if someone is seriously injured due to a hazard that should have been fixed or clearly warned about.
Duty Of Reasonable Care
According to Georgia premises liability law, all property owners have a “duty of care” to other people who use or visit their land or buildings. This means owners have to warn or actively correct any potential hazards that might harm someone else, within reason. However, this does not mean that all injuries that occur on an area of property are the owner’s fault. Accidents can happen anywhere. In order to file a premises liability lawsuit, you must prove that the owner was negligent.
Additionally, property owners owe a different duty of care to different people, depending on why they are on the premises. The three types of visitors defined by Georgia law are:
- Invitees. These visitors are expressly invited onto the property and are owed the highest standard of care. Customers at any kind of business are invitees, so business owners must take all reasonable steps to ensure their safety. This includes cleaning up spills in a timely manner, fixing trip hazards and eliminating other accident risks, whenever possible.
- Licensees. This type of guest has permission to enter the property but does so for his or her own purposes. The owner has a limited duty of care for licensees. Salesmen are licensees, since they enter your property for their own gain. Social guests are licensees in premises liability cases since they are not part of a business transaction with the owner.
- Trespassers. A trespasser is someone who enters a property without permission. A property owner generally does not owe a trespasser a duty of care, unless the trespasser is a child. Children are not expected to act the same way as a reasonable adult. Therefore, property owners must take precautions, like covering a pool, to protect trespassing children from harm.
Determining Liability in Premises Liability Accidents
Property Owners — In Georgia, property owners are often responsible when someone gets hurt on their property. Under O.C.G.A. § 51-3-1, they must keep the premises reasonably safe for invited visitors. This includes homeowners, commercial property owners, and landlords.
Business Operators And Tenants — When a business rents a space, the tenant—not the property owner—is usually responsible for hazards in that area. This includes stores, restaurants, gyms, and salons that control the daily operations inside the space.
Property Managers Or Management Companies — If a manager or management company is hired to handle upkeep, cleaning, or safety, they may be responsible when something goes wrong. This often applies to apartment complexes, office buildings, and shopping centers.
Homeowners’ Associations (HOAs) — HOAs can be held responsible for injuries in common areas like pools, walkways, or clubhouses. Their duty is to keep those areas safe for members and guests.
Government Entities — Public sidewalks, city buildings, parks, and schools are sometimes the scene of injuries. These cases can involve additional rules due to government immunity.
Contractors Or Event Organizers — If a contractor creates a hazard on a job site, or if an event organizer fails to maintain safety during a public event, they may be responsible for resulting injuries. Their duties depend on the work they were doing and the level of control they had over the area.
How a Georgia Premises Liability Attorney Helps Victims
A Georgia premises liability lawyer focuses on helping people who are hurt because of unsafe property conditions. These lawyers understand the details of O.C.G.A. § 51-3-1 and know how to use it to build a strong case. The lawyer starts by investigating the scene of the injury. That includes collecting photos, getting surveillance video if it exists, talking to witnesses, and reviewing incident reports. The lawyer also works with experts when needed, such as doctors, safety engineers, or building code specialists, to explain how the injury happened and what could have prevented it.
A major part of the lawyer’s job is dealing with the property owner’s insurance company. Insurers often try to downplay the injury or blame the victim. The lawyer protects the client from making statements that could be used against them and handles all communication and negotiation. If a fair settlement can’t be reached, the lawyer files a lawsuit and prepares the case for trial.
The lawyer also makes sure the case is filed on time. Under O.C.G.A. § 9-3-33, the general deadline for personal injury claims in Georgia is two years from the date of the injury. If the case involves a government entity, shorter deadlines and notice requirements may apply and should be reviewed carefully.
In terms of financial recovery, a Georgia premises liability lawyer will pursue damages that cover the full scope of harm. That includes medical bills, lost wages, pain and suffering, disability, and any future care that’s needed. Every case is different, but the lawyer’s role is to guide the victim through the legal process and fight for the best possible result based on Georgia law.
What to Do After Suffering an Injury on Someone’s Property in Georgia
After being injured on someone else’s property, a person should seek medical care immediately, even for minor injuries, as some symptoms may appear later. They should report the incident to the property owner or manager and request a written report. Taking photos of the scene and the cause of the accident is also important.
If witnesses are present, their contact details should be collected. The injured individual should avoid giving recorded statements to insurance adjusters without legal advice, as this could harm their claim. Although Georgia law allows two years to file a claim (O.C.G.A. § 9-3-33), acting quickly helps preserve evidence. Speaking with a premises liability lawyer early on is the best way to protect their legal rights and pursue compensation.
Common Questions About Georgia Premises Liability
What does a Georgia premises liability lawyer do?
They investigate the injury, collect evidence, and help the victim seek compensation for medical bills and other losses.
Can someone sue after slipping on a wet floor?
Yes, if the owner knew or should have known about the hazard and didn’t clean it or put up a warning.
How quickly should someone take legal action?
Under O.C.G.A. § 9-3-33, a premises liability claim must usually be filed within two years of the injury.
What if the injured person is partly at fault?
Georgia follows O.C.G.A. § 51-12-33, which may reduce or bar compensation depending on how much the victim was at fault.
Is a landlord responsible for accidents in a rental home?
A landlord may be responsible if the unsafe condition was in a common area or something they were required to fix.
Does it matter if there was no warning sign?
Yes. Lack of a warning sign can help show that the owner didn’t take reasonable steps to prevent injuries.
Can a trespasser file a claim for injuries?
Usually no, unless the trespasser was a child and an “attractive nuisance” was involved, such as an unfenced pool.
Will a premises liability case go to trial?
Most cases settle out of court, but trial is possible if a fair agreement can’t be reached.
How long does the legal process usually take?
Each case is different, but many are resolved in a few months to over a year, depending on the facts.
What if the victim was a child?
Special rules may apply. A child’s legal guardian may file the case, and courts consider different standards for responsibility.
Additional Resources
Georgia General Assembly – O.C.G.A. § 51-3-1 — This source provides the official Georgia law that outlines the duty of care owed by property owners and occupiers to individuals invited onto their land. It includes the core legal text of O.C.G.A. § 51-3-1 and judicial decisions that interpret how this law applies in different premises liability cases.
National Safety Council – Preventable Injuries and Injury-Related Deaths in Homes and Communities, 2023 — This resource includes statistics and trends related to non-work-related preventable injuries and deaths in home and community settings in the United States. It covers causes such as poisoning and falls, broken down by age group, and provides a general view of how these injuries impact public health.
National Library of Medicine – Injury Hazards — This source discusses types of injury hazards found in homes worldwide, including falls, burns, and poisoning. It reviews evidence on how design and safety features like smoke detectors and stair gates can reduce risks.
Hire a Personal Injury Lawyer for Premises Liability Cases
McArthur Law Firm serves the cities of Atlanta in Fulton County, Macon in Bibb County, Kathleen in Houston County, Peachtree Corners and Lawrenceville in Gwinnett County, Marietta and Smyrna in Cobb County, Stonecrest, Brookhaven and Dunwoody in Dekalb County, Albany in Dougherty County, Columbus in Muscogee County and throughout surrounding areas of the state of Georgia.
Contact one of our offices at the following numbers or fill out an online contact form to start building your case.
- Atlanta Office: 404-565-1621
- Macon Office: 478-238-6600
- Warner Robins: 478-551-9901
