Atlanta · Premises liability

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Where Atlanta falls happen

Premises cases arise anywhere the public goes. In metro Atlanta, we see injuries at grocery stores and big-box retailers along Cobb Parkway, Buford Highway and Moreland Avenue; in apartment complexes with broken stairs or poorly lit walkways; in hotel lobbies and parking decks Downtown and in Buckhead; at shopping centers around Cumberland and Perimeter Center; and at event venues where large crowds move through crowded concourses.

Atlanta’s weather plays a role, too. Sudden summer downpours leave entryways slick and puddled, and the rare winter ice event can turn unsalted steps and ramps into a serious hazard. Wet floors, spilled products, torn carpet, uneven sidewalks, missing handrails and inadequate lighting are among the most common causes we see. Not every fall leads to a valid claim, though. Georgia law asks specific questions about what the property owner knew and what you knew.

How Georgia premises liability law works

Under O.C.G.A. § 51-3-1, an owner or occupier of land who invites the public onto the property for business purposes — a store, restaurant, hotel or apartment complex, for example — must use ordinary care to keep the premises and approaches safe. That does not make the owner responsible for every fall. To recover, you generally need to show that the owner had actual or constructive knowledge of the hazard, and that you did not have equal knowledge of it despite exercising ordinary care for your own safety.

Georgia courts often call this the “superior knowledge” rule. In practical terms, the questions become: How long was the hazard there? Did employees walk past it? Was there an inspection routine, and was it followed? Was the hazard hidden, or would a careful person have noticed it? Was there a warning sign, and was it visible? Video footage, inspection logs, incident reports, cleaning schedules and employee testimony are often the keys to answering them.

People who are on property for their own purposes — social guests, for instance — are often treated as licensees, and the owner’s duty is narrower under O.C.G.A. § 51-3-2. Your status on the property can change the analysis, so it is one of the first things we review.

Negligent security

Premises liability also covers injuries caused by criminal acts in places where an attack was reasonably foreseeable. If a parking deck, apartment complex, hotel or nightlife venue had a history of similar crimes and failed to take reasonable steps — working gates and locks, adequate lighting, cameras or security staff — the owner may share responsibility. Georgia has updated parts of its negligent-security law in recent years, and these cases now turn closely on the specific facts and history of the property, so an early review is important.

Deadlines, fault and evidence

The general deadline to file a premises liability lawsuit for personal injury in Georgia is two years from the date of the fall under O.C.G.A. § 9-3-33. If the fall happened on government property — a city sidewalk, a public building or a MARTA facility — written notice may be required much sooner. Claims against a Georgia city, for example, require an ante litem notice within six months under O.C.G.A. § 36-33-5.

Property owners almost always argue that the injured person should have seen the hazard. Under Georgia’s modified comparative fault rule (O.C.G.A. § 51-12-33), any share of fault assigned to you reduces your recovery, and 50% or more bars it entirely. Because businesses routinely overwrite security video, we send preservation requests as soon as possible.

If your injury happened on the road rather than on someone’s property, our Atlanta car accident lawyers or pedestrian accident lawyers can help. If a family has lost a loved one because of a dangerous property condition or violent crime, our wrongful death team can explain their rights.

Common hazards and the injuries they cause

The hazards behind most premises cases are ordinary: liquid on a tile floor near a store’s produce or drink coolers, rainwater tracked into an entryway with no mat, broken or uneven stairs in an apartment building, a pothole or raised slab in a parking lot, loose carpet in a hotel hallway, or a dark stairwell with a burned-out light. Because these hazards are so common, property owners are expected to have reasonable systems to find and fix them — regular inspections, prompt cleanup, warning signs and maintenance.

Falls cause more serious injuries than many people expect. Broken wrists and arms are common as people try to catch themselves. Hip fractures are especially serious for older adults and frequently require surgery. Knee and ankle injuries, back and neck injuries, and head injuries from striking the floor or a fixture can lead to months of treatment and lost work.

Apartment and rental cases have their own layer of rules. Georgia landlords generally must keep the premises in repair and use ordinary care to keep common areas — stairs, walkways, parking areas and pool decks — reasonably safe. Whether the landlord knew about a defect, how long it existed and whether tenants had asked for repairs can all matter. Maintenance requests, emails and photos you sent before the fall can become important evidence, so keep them.

Finally, remember that property owners and their insurers often investigate a fall the same day it happens. Store employees may photograph the area, pull video and take statements while you are still being treated. Getting your own account and evidence on record early helps keep the story balanced.

What to do after a fall on someone’s property

1. 01
   Report the fall before you leave

   Ask the manager to write an incident report and request a copy or at least the report number.
2. 02
   Photograph the hazard

   Capture the spill, defect or poor lighting from several angles, along with any missing or hidden warning signs.
3. 03
   Get witness names

   Customers and employees who saw the fall or the hazard can be important later.
4. 04
   Keep your shoes and clothing

   Don’t wash or throw them away. They can show what you stepped in and what you were wearing.
5. 05
   See a doctor promptly

   Hip, wrist, knee and head injuries from falls are common and can worsen without care.
6. 06
   Ask us to request the video

   Stores often record over footage within days. A preservation letter can stop that.

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