In Georgia, property owners have a legal duty to maintain property safe for those who enter lawfully. This responsibility varies based on the visitor's status: invitees, such as customers, are owed the highest duty of care; licensees, like social guests, are afforded a moderate level of care; and trespassers are generally offered minimal protection, with owners needing only to avoid willful or wanton harm. Understanding these distinctions is crucial, as a property owner's failure to uphold their duty can lead to premises liability incidents and legal action if injuries occur.
If you've been injured due to unsafe conditions on someone else's property, knowing your rights and the property owner's responsibilities is essential. Navigating the complexities of a premises liability attorney can be challenging, but you don't have to do it alone. Call Marks Law at (678) 251-9309 today to schedule a free consultation, let our premises liability attorney help you determine the best course of action for your situation.
What Is Premises Liability in Georgia?
Premises liability holds property owners responsible for injuries that occur on their property due to unsafe conditions. This legal responsibility applies to businesses, private homes, rental properties, and public pool areas. However, the level of responsibility depends on the visitor’s legal status:
- Invitees – These individuals enter the property for business purposes, such as customers in a store or tenants in a rental property. Owners owe them the highest duty of care, including conducting regular maintenance and addressing hazards promptly.
- Licensees – Social guests or others who have permission to enter but are not there for business reasons. Property owners must warn them of potential hazards but are not required to inspect for unknown dangers.
- Trespassers – Those who enter property without permission. Generally, property owners do not owe them a duty of care, except in cases where children are involved or if the owner intentionally created dangerous conditions.
If a liable party fails to maintain a safe environment and someone is injured, they may be held accountable for damages, including medical expenses, lost wages, and pain and suffering.
How Long Do You Have to File a Premises Liability Lawsuit in Georgia?
In Georgia, the statute of limitations for filing a premises liability action is generally two years from the date of the injury. Failing to file within this time frame can result in losing the right to seek compensation. However, some exceptions may apply, such as cases involving minors or when the injury was not immediately discovered. If the claim is against a government entity, shorter deadlines, and additional notice requirements may apply.
Because these deadlines can impact a case, it is important to act quickly if you believe you have a premises liability claim.
When Can a Property Owner Be Held Liable for Injuries?
In Georgia, a liable party can be held responsible for injuries if their negligence contributed to unsafe conditions. To establish liability, certain factors must be present:
- Failure to Address a Known Hazard – If a property owner is aware of a dangerous condition, such as a slippery floor, broken staircase, or uneven flooring, they must repair the issue or warn visitors. Failing to do so can make them liable for resulting injuries.
- Failure to Identify a Hazard in a Reasonable Time – Even if the owner was unaware of the danger, they could still be responsible if the hazard existed long enough that a reasonable person would have discovered it. For example, a grocery store may be liable if a spill remains uncleaned for an extended period, creating a slipping hazard.
- The Injured Person Was Lawfully on the Property – A premises liability claim generally applies to invitees and licensees who are lawfully on the premises. If a customer in a store or a guest at a home suffers an injury while acting reasonably, the liable party may be held accountable.
If a premises liability claim is valid, the injured party may recover damages, including medical bills, lost income, pain and suffering, and other losses.
Common Situations Where Property Owners May Be Responsible
Property owners can be held liable in many situations where unsafe conditions lead to injuries. Some of the most common premises liability incidents include:
- Slip and Falls – Wet floors, loose carpeting, and poorly maintained stairs can cause serious falls. If the owner fails to address or warn about the potential hazards, they may be responsible.
- Inadequate Security – Property owners, especially those managing apartment complexes, hotels, or businesses, must take reasonable care to prevent criminal activity. If someone is injured in a scenario where proper security measures could have prevented it, the liable party may be at fault.
- Dog Bites – In Georgia, a dog owner can be held responsible if their animal injures someone and they knew or should have known the dog was dangerous. Failing to properly restrain or warn about the animal could result in liability.
- Swimming Pool Accidents – Owners of private and public pool facilities must follow pool regulations, such as installing proper fencing or providing supervision. Drownings or injuries caused by unsafe conditions can lead to legal claims.
- Falling Objects – Items falling from store shelves, construction sites, or workplace storage areas can cause serious injuries. If a property owner fails to secure items properly, they may be held accountable.
What if the Injured Person Is Partially at Fault?
In Georgia, premises liability actions follow a Contributory Negligence rule. This means that if the injured person is found to be partially responsible for their injury, their compensation may be reduced.
- 49% Rule – If the injured party is 50% or more at fault for the accident, they cannot recover any damages. However, if they are 49% or less at fault, they can still receive compensation, but the amount will be reduced based on their level of responsibility.
- Reduction in Compensation – For example, if a court awards $100,000 in damages but finds the injured person 20% at fault, their compensation would be reduced by 20%, leaving them with $80,000.
Property owners often use this rule as a defense, arguing that the injured person was not paying attention, ignored warning signs, or acted recklessly. Because fault plays a key role in premises liability claims, gathering strong evidence can help prove the liable party’s negligence.
If you or a loved one has been injured due to unsafe conditions on someone else’s property, you may have the right to seek compensation. Contact our premises liability attorney today to discuss your case and explore your legal options.
Can You Sue a Landlord for Injuries in a Rental Property?
Yes, a landlord can be held liable for injuries that occur on a rental property if their negligence contributed to unsafe conditions. However, to file a successful injury claim, the injured tenant or visitor must prove that the landlord failed to uphold their duty to maintain a premises safe for lawful occupants. Premises liability law follows the legal doctrine that property owners, including landlords, must make reasonable efforts to prevent foreseeable injuries.
Common situations where a landlord may be held responsible include:
- Failure to Repair Hazards – If a landlord knew or should have known about dangerous conditions, such as a static defect like broken stairs, faulty wiring, or leaking pipes, and failed to fix them, they may be liable for resulting injuries.
- Building Code Violations – If an injury occurs due to a violation of housing or safety codes, such as inadequate lighting, missing handrails, or faulty smoke detectors, the landlord may be responsible.
- Negligent Security Leading to Violent Crime – Landlords must make reasonable efforts to provide security in apartment complexes or rental homes, such as working locks, proper lighting, and secure entryways. If a tenant is harmed due to preventable criminal activity, such as a violent crime, the landlord may be liable.
- Common Area Hazards – Landlords are typically responsible for maintaining shared spaces like hallways, stairwells, parking lots, and sidewalks. Injuries in these areas caused by poor maintenance may lead to a premises liability accident.
However, landlords are not responsible for every injury on their property. If the tenant caused the hazard or failed to report a dangerous condition, the landlord may not be held liable. The key factor is whether the landlord was aware or should have been aware of the danger and failed to make reasonable efforts to fix it.
What Evidence Do You Need to Prove a Property Owner Was Negligent?
To hold a property owner responsible for an injury, you must prove they were negligent in maintaining a safe property. The following types of evidence can help establish liability:
- Photographs and Videos – Pictures or footage of the hazardous condition, such as a static defect, slippery floor, broken stairs, or poor lighting, can help demonstrate the danger that caused the injury.
- Incident Reports – If the injury occurred in a business or public property, an official report filed with management or law enforcement can provide key details about the accident.
- Witness Statements – Testimony from people who saw the accident or were aware of the unsafe condition can support the claim.
- Maintenance and Inspection Records – Evidence showing that the property owner responsible failed to inspect or maintain the premises, or ignored previous complaints, can indicate negligence.
- Medical Records – Documentation of the injuries and treatment received can help link the dangerous condition to the harm suffered.
- Security Footage – If available, surveillance video can show how long the hazard existed and whether the owner took any action to fix it.
Collecting strong evidence is critical in proving that the property owner responsible knew or should have known about the danger and failed to address it.
Do You Need an Attorney for a Premises Liability Claim?
While you are not required to have an attorney for a premises liability accident in Georgia, having legal representation can significantly improve your chances of recovering fair compensation. Premises liability lawsuits can be complex, and property owners or their insurance companies often try to minimize payouts or deny claims altogether. A personal injury attorney can help by:
- Investigating the Incident – Gathering evidence, such as surveillance footage, maintenance records, and witness statements, to prove negligence in an injury claim.
- Handling Insurance Companies – Negotiating with insurers who may try to shift blame or offer low settlements.
- Determining Liability – Identifying whether the property owner responsible knew or should have known about the hazard and failed to address it.
- Calculating Damages – Ensuring all medical expenses, lost wages, and pain and suffering are accounted for in the claim.
- Representing You in Court – If a fair settlement isn’t reached, an experienced personal injury attorney can take the case to trial and advocate for maximum compensation.
Because Georgia follows modified comparative negligence, the property owner responsible may argue that the injured person was partly at fault. A premises liability lawyer can help build a strong case to counter these defenses and protect your right to compensation.
Don’t Settle for Less, Explore Your Legal Options Today
Holding property owners accountable for unsafe conditions can be challenging, but injury victims have legal options. If you were injured due to hazardous conditions on someone else’s property, you may be entitled to compensation for medical expenses, lost wages, and pain and suffering. Acting quickly is important, as evidence can disappear, and deadlines apply to filing personal injury lawsuits.
Understanding your rights under premises liability law is key to building a strong case. If you or a loved one has been injured due to a property owner responsible for failing to maintain a premises safe, contact our firm today. Our premises liability lawyer can review your case and help you take the necessary steps to seek the compensation you deserve. Schedule an initial consultation with our team to discuss your legal options.