Property owners in Georgia have a legal duty to keep their premises safe for visitors. When they fail to do so, and someone is injured as a result, the victim may be able to file a premises liability claim. Premises liability cases cover a wide range of accidents, from slip and falls to dog bites and negligent security incidents. If you were injured due to hazardous conditions on another person’s property, you may be entitled to compensation.
This guide explains the basics of premises liability law in Georgia, including what types of cases qualify, how fault is determined, and what compensation you may be eligible to receive.
What is Premises Liability?
Premises liability refers to the legal responsibility of property owners and managers to maintain a safe environmentfor visitors. If a person is injured due to dangerous conditions on the property, they may be able to hold the owner liable for their damages.
Common Types of Premises Liability Cases
- Slip and Fall Accidents – Wet floors, uneven surfaces, poor lighting, and lack of warning signs can cause serious injuries.
- Negligent Security – If a property owner fails to provide adequate security and a visitor is attacked or robbed, they may be held liable.
- Dog Bites and Animal Attacks – Pet owners are responsible for injuries caused by their animals if they knew or should have known about the animal’s aggressive tendencies.
- Swimming Pool Accidents – Lack of fencing, proper supervision, or safety warnings can lead to drowning or serious injuries.
- Defective or Dangerous Property Conditions – Broken staircases, malfunctioning elevators, exposed wiring, or other hazards that lead to injuries.
- Falling Objects – Poorly secured shelves, ceiling fixtures, or construction debris can cause head and bodily injuries.
Who Can File a Premises Liability Claim in Georgia?
The ability to file a premises liability claim depends on why the injured person was on the property. Georgia law classifies visitors into three categories:
1. Invitees
- These are people invited onto the property for business or mutual benefit, such as customers in a store or guests at a hotel.
- Property owners owe invitees the highest duty of care, meaning they must inspect the property regularly and address hazards promptly.
2. Licensees
- These are social guests or others permitted on the property for non-business reasons, such as a friend visiting your home.
- Property owners must warn licensees of known hazards, but they are not required to inspect or fix dangers they are unaware of.
3. Trespassers
- These are people who enter the property without permission.
- Property owners do not owe a duty of care to trespassers, except that they cannot intentionally harm them.
- Exception: If the trespasser is a child, the property owner may be liable if an attractive nuisance (such as an unfenced swimming pool) caused the injury.
How Do You Prove Premises Liability in Georgia?
To win a premises liability case, you must prove that:
- The Property Owner Had a Duty of Care
- The level of care depends on whether you were an invitee, licensee, or trespasser.
- The Property Owner Was Negligent
- The owner failed to maintain the property or warn of hazards.
- Example: A grocery store failed to clean up a spilled liquid, causing a slip and fall.
- The Negligence Caused Your Injury
- You must show that the hazardous condition directly led to your injury.
- Example: If you tripped over a broken sidewalk and fractured your ankle, the broken sidewalk must be proven as the cause of the injury.
- You Suffered Damages
- Medical expenses, lost wages, pain and suffering, or other losses resulted from the accident.
Common Defenses in Premises Liability Cases
Property owners often try to avoid liability by using the following defenses:
- Comparative Negligence – If the injured person was partially at fault for the accident (for example, by ignoring warning signs), their compensation may be reduced.
- Lack of Knowledge – The owner may argue they did not know about the hazard and had no time to fix it.
- Assumption of Risk – If the injured person knowingly entered a hazardous area (such as a construction site), the owner may argue they assumed the risk of injury.
What Compensation Can You Recover in a Premises Liability Claim?
If you prove negligence in a premises liability case, you may be entitled to recover damages, including:
- Medical Expenses – Coverage for hospital visits, surgeries, physical therapy, and medication.
- Lost Wages – Compensation for income lost due to injuries.
- Pain and Suffering – Damages for physical pain, emotional distress, and reduced quality of life.
- Future Medical Costs – If long-term medical treatment is required.
- Wrongful Death Damages – If a loved one died due to unsafe property conditions, their family may be entitled to compensation for funeral expenses and loss of financial support.
What to Do If You Are Injured on Someone Else’s Property
If you suffer an injury due to unsafe conditions on another person’s property, take the following steps to protect your rights:
- Seek Medical Attention Immediately
- Even if injuries seem minor, visit a doctor to document the injury.
- Report the Incident
- Notify the property owner or manager and request a written incident report.
- Gather Evidence
- Take photos of the hazardous condition.
- Collect witness contact information.
- Save any medical records related to the injury.
- Do Not Give Statements to Insurance Companies
- Insurance adjusters may try to downplay your injury or shift blame onto you.
- Consult an Experienced Premises Liability Attorney
- An attorney can help you navigate Georgia’s premises liability laws and maximize your compensation.
How Gunn Law Group Can Help
At Gunn Law Group, we have extensive experience handling premises liability claims and holding negligent property owners accountable. Our legal team will:
- Investigate the accident and gather strong evidence.
- Negotiate with insurance companies to ensure you receive fair compensation.
- Take your case to trial if necessary to fight for maximum recovery.
If you or a loved one has been injured due to unsafe conditions on someone else’s property, call Gunn Law Group at 888-244-4866 for a free consultation. Let “the Big Gunn” fight for your rights and help you get the compensation you deserve.
Conclusion
Property owners in Georgia have a legal obligation to maintain safe premises. If you were injured due to unsafe conditions, you have the right to pursue compensation. Understanding your legal options and working with an experienced premises liability attorney can help you recover damages and hold negligent parties accountable.
If you believe you have a premises liability case, contact Gunn Law Group today to discuss your legal options.
