# Atlanta Premises Liability Lawyer | Free Consultations **Table of Contents***[*Expand*]* 1. How Our Legal Team Will Help 2. Filing Your Premises Liability Claim in Fulton County State Court 3. Common Types of Premises Liability Cases 4. High-Incident Areas Across Atlanta 5. Filing a Police Report 6. Georgia Premises Liability Law 7. Duties of Care Owed by Property Owners 8. Insurance, Medical Liens, and Bad Faith Claims 9. Statute of Limitations in Fulton County 10. Mediocrity Is for Cowards 11. Our Team Gets Results 12. Get Help from Our Premises Liability Attorneys in Atlanta [![David M. Van Sant, Owner and Attorney at Van Sant Law](https://www.vansantlaw.com/wp-content/uploads/2026/02/david-m-van-sant-headshot-5.jpeg)](https://www.vansantlaw.com/team/david-m-van-sant/) Reviewed By [David M. Van Sant](https://www.vansantlaw.com/team/david-m-van-sant/) Owner, Attorney Last Reviewed: October 2026 In Georgia, property owners must ensure visitors’ safety according to personal injury law. If you’re harmed due to a hazard the owner negligently allowed, you may have the right to hold a negligent property owner financially liable for your damages.  Turning this claim into compensation requires knowledge of Georgia law. Our premises liability lawyers in Atlanta understand the intricacies and potential pitfalls, whether in court or through settlements. We will fight to get you the maximum compensation you deserve.  Van Sant Law has recovered **hundreds of millions of dollars** in settlements and jury awards for injured Georgians. Make the Right Call. Contact us today and schedule a free consultation to talk to our [Atlanta personal injury lawyers](https://www.vansantlaw.com/) about your accident. ## How Our Legal Team Will Help What happens in the first three days after a premises injury often decides the case. Security footage on a loop can overwrite itself in as little as**24 to 72 hours** depending on the property’s system, so acting fast matters. - We request the incident report from the property or from APD immediately. - We send the property owner a spoliation letter demanding preservation of security footage before it’s overwritten. - Our attorneys can arrange an inspection of the property or accident scene while conditions are still close to how they were. - We send the property owner’s insurer a hold letter putting them on notice of the claim and preserving your right to pursue it. Waiting even a few days can mean the footage that would have proven your case is gone for good. Our premises liability attorneys in Atlanta understand the urgency involved in these cases, and we will protect your rights to recover compensation.  For a free legal consultation with a premises liability lawyer serving Atlanta, call [770-886-9199](tel:+17708869199) ## Filing Your Premises Liability Claim in Fulton County State Court Most Atlanta premises liability cases below **Fulton County Superior Court**‘**s** discretionary thresholds are filed in the Fulton County State Court, which handles tort claims including slip and fall, negligent security, and other premises cases.  If you want to begin a legal case, you have to **file a complaint** that lists the owner of the property; this is generally carried out using the court’s online filing system. After you have filed the complaint, the defendant is given a period of time in which to reply. When they do reply, the case then proceeds to the discovery stage. Our premises liability attorneys in Atlanta handle every step of this process, from drafting the complaint to negotiating with the property owner’s insurer to trying the case if a fair settlement isn’t offered. Atlanta Premises Liability Lawyer Near Me [770-886-9199](tel:+17708869199) ## Common Types of Premises Liability Cases Premises liability cases arise when a person is injured due to a hazardous condition on someone else’s property. Here are some of the most common kinds of premises liability cases: - [**Slip and Fall Accidents**](https://www.vansantlaw.com/atlanta-ga/slip-and-fall-accident-lawyer/): Slip and fall accidents happen when a person loses footing due to hazardous conditions. Owners may be held liable if they knew or should have known about the hazard but failed to fix it or provide warnings. - **Trip and Fall Accidents**: Trip and fall accidents occur when someone trips over obstacles. Owners can be responsible if they neglected to remove hazards or warn visitors of potential dangers. - [**Inadequate Security Claims**](https://www.vansantlaw.com/atlanta-ga/premises-liability-lawyer/negligent-security/): Property owners could be responsible for injuries resulting from criminal acts, such as assaults or robberies, if they failed to provide reasonable security measures.  - **Dog Bites and Animal Attacks**: A property owner or pet owner can be held liable if their dog or another animal attacks someone. Georgia law holds owners responsible if they knew the animal was dangerous or failed to properly restrain it. - **Falling Objects**: Falling object accidents occur when unsecured or improperly stacked items fall and injure someone. Property owners must ensure items are safely secured to prevent these hazards. - [**Swimming Pool Accidents**](https://www.vansantlaw.com/atlanta-ga/premises-liability-lawyer/swimming-pool/): Swimming pool accidents can involve drowning, slips, or diving injuries caused by unsafe conditions. Property owners must secure pool areas, maintain safety equipment, and comply with local safety regulations to prevent liability. - **Elevator and Escalator Accidents**: Malfunctions or mechanical failures in elevators and escalators can lead to serious injuries. Owners or maintenance companies may be liable if improper maintenance or defects caused the accident. - **Fire and Electrical Accidents**: Fires and electrical accidents can result from faulty wiring, gas leaks, or missing smoke detectors. Property owners may be liable if they failed to maintain electrical systems or provide proper fire safety measures. - **Toxic Exposure Cases**: Exposure to harmful substances like mold, asbestos, or chemical spills can cause serious health issues. Owners must take steps to remove or warn about toxic hazards on their property. - **Amusement Park and Recreational Accidents**: Accidents at amusement parks, playgrounds, or sports facilities can occur due to unsafe rides, lack of supervision, or poor maintenance.  Owners are responsible for keeping these areas safe and warning visitors of potential risks. [Click to contact](https://www.vansantlaw.com/contact-us/) our Atlanta Personal Injury Lawyers today ## High-Incident Areas Across Atlanta Premises liability claims happen more often in certain areas of Atlanta. - Buckhead’s busy retail areas attract large crowds at night around bars and restaurants. This creates risks for slip-and-fall accidents and **problems with security**.  - Midtown, with its many apartment buildings and parking garages, has experienced assaults and robberies linked to poor lighting or broken access controls.  - In large shopping centers across Atlanta, common issues include wet floors, injuries from shopping carts, and problems with parking lot lighting. If you’re hurt on someone else’s property in Atlanta, **Grady Memorial Hospital** and **Piedmont Atlanta Hospital** are two of the primary trauma and emergency centers that treat premises liability injuries in the city.  Complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) now ## Filing a Police Report First, **get medical care**. Your medical records will help show how the incident is related to your injuries. Then, report the incident to the **Atlanta Police Department** as soon as you can, especially if it involves an assault, robbery, or injuries from a security failure. You can request a copy of the APD incident report through the department’s Records Unit once it’s filed. That report often becomes one of the most important pieces of evidence in a negligent security case. ## Georgia Premises Liability Law Premises liability law in Georgia holds property owners and occupiers responsible for injuries that happen on their property due to unsafe conditions. To win a premises liability claim, the injured person must prove several key points. - **A Hazardous Condition Existed**: The property had a dangerous condition (e.g., wet floors, broken railings, poor lighting). - **The Property Owner Knew or Should Have Known About the Hazard**: The owner had actual knowledge (e.g., a store employee saw the spill but didn’t clean it up) or the owner had constructive knowledge (e.g., the hazard existed long enough that the owner should have discovered it through reasonable inspections). - **The Owner Failed to Take Reasonable Steps to Fix or Warn About the Hazard**: No warning signs were posted, or the hazard wasn’t addressed in a timely manner. - **The Plaintiff Was Injured Due to the Hazard**: There must be a direct link between the dangerous condition and the plaintiff’s injury. - **The Plaintiff Was Using the Property Lawfully and Exercising Reasonable Care**: The plaintiff must not have been trespassing (except in limited cases) or acting recklessly (e.g., running through a known hazardous area). ## Duties of Care Owed by Property Owners Owners and property managers have different responsibilities to visitors, depending on the reason the visitor is on the property. These responsibilities are grouped into several classifications.  ### Invitees Under [O.C.G.A. § 51-3-1](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=36f18285-f13b-4b04-ae3c-97c41cb35ae4&pdistocdocslideraccess=true&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A6348-G111-DYB7-W40K-00008-00&pdcomponentid=234187&pdtocnodeidentifier=ABZAAEAACAAB&ecomp=t2vckkk&prid=ec6fbb33-c3d9-42ea-b6ef-8091c859b669), a property owner owes **invitees**such as customers, tenants, and other visitors on the property for the owner’s benefit a duty to keep the premises and approaches reasonably safe. That includes inspecting for hazards and warning about dangers the owner knows about or should know about. ### Licensees Under [O.C.G.A. § 51-3-2](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=bf464d14-9472-4fe5-89ab-cac09c9fb0b7&pdistocdocslideraccess=true&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A6348-G111-DYB7-W40M-00008-00&pdcomponentid=234187&pdtocnodeidentifier=ABZAAEAACAAC&ecomp=t2vckkk&prid=6ed2fa34-246e-4faa-ae9f-fc5c1d733983), people who enter a property with permission but without providing a benefit to the owner are considered **licensees**. Property owners must refrain from willfully or wantonly injuring licensees and must warn them of known, concealed dangers. ### Trespassers The owner generally has no duty to protect someone unlawfully on the property, except to avoid willful or wanton harm. Our premises liability lawyers in Atlanta can tell you which duty applies to your situation and what evidence you need to prove the owner breached it. ## Insurance, Medical Liens, and Bad Faith Claims Property owners usually have commercial general liability insurance. Insurance companies often investigate quickly within days and look for reasons to reduce or deny your claim. If your health insurer or a hospital covered your treatment, they may place a**medical lien** against your eventual settlement or verdict, and your health insurer may also seek reimbursement from your recovery for what they paid.  If your insurer won’t pay a valid claim, unfairly delays payment, or misrepresents the terms of your policy, you can seek extra damages in Georgia. This is allowed under the **bad**–**faith law**, [O.C.G.A. § 33-4-6](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=5da5d8b0-6751-41cc-b6e2-ef3b029efa34&pdistocdocslideraccess=true&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A6348-FXD1-DYB7-W02F-00008-00&pdcomponentid=234187&pdtocnodeidentifier=ABHAAFAAH&ecomp=t2vckkk&prid=c5cd1965-68c2-40c6-a842-e33dddbcbb47). ## Statute of Limitations in Fulton County In Georgia, victims have **two years** from the date of the incident in which to bring a personal injury claim, as provided by [O.C.G.A. § 9-3-33](https://advance.lexis.com/documentpage/?pdmfid=1000516&crid=9c8ee51a-84ef-4769-b839-a940c0beb1b7&pdistocdocslideraccess=true&config=00JAA1MDBlYzczZi1lYjFlLTQxMTgtYWE3OS02YTgyOGM2NWJlMDYKAFBvZENhdGFsb2feed0oM9qoQOMCSJFX5qkd&pddocfullpath=%2Fshared%2Fdocument%2Fstatutes-legislation%2Furn%3AcontentItem%3A6348-FS71-DYB7-W3RS-00008-00&pdcomponentid=234187&pdtocnodeidentifier=AAJAAEAADAAR&ecomp=t2vckkk&prid=2afff17a-c40b-4433-8809-c7b41e2a8c9c). If you fail to meet that deadline in the Fulton County State Court, you will lose the right to sue even if your case is strong. There can be exceptions in some cases, such as accidents involving minors or claims against government facilities. It is always a good idea to consult with a lawyer as soon after an injury as possible so you know where you stand.  Because security footage often disappears within **72 hours**, the practical deadline for protecting your evidence is far shorter than the legal deadline for filing suit. Connecting with our premises liability attorneys in Atlanta early makes the difference in a premises liability case. ## Mediocrity Is for Cowards At Van Sant Law, we detest mediocrity, and we will not tolerate it in ourselves or any of our staff. We believe that every client’s situation is unique and deserves a tailored approach. Our founding partner [David Van Sant](https://www.vansantlaw.com/team/david-m-van-sant/) exemplifies this philosophy: - He was named a **Georgia Super Lawyer**, an honor given to no more than 5% of the state’s lawyers. - He was named one of the **Top 100 Trial Lawyers in Georgia** by The National Trial Lawyers. - He is a lifetime member of the **Multi**–**Million Dollar Advocates** Forum (only 1% of lawyers qualify), due to the size of some of the recoveries he has won for his clients. - He maintains a perfect**Avvo rating of 10**.**0**. - He has won the **Avvo Client**’**s Choice Award**several times. The rest of our premises liability law firm upholds the high standard set by Mr. Van Sant. The majority of our premises liability lawyers in Atlanta have been named Super Lawyers, and the Better Business Bureau has awarded our firm a perfect A+ rating.  ## Our Team Gets Results A Van Sant client attacked in a retail store recovered $140,000 after investigation revealed the property owner was negligent in providing proper security and safety protocols.  “Property owners in Atlanta have a legal duty to keep their premises safe. When they ignore known dangers, and someone gets hurt, we hold them fully accountable,” said David Van Sant, Van Sant Law; ## Get Help from Our Premises Liability Attorneys in Atlanta Property owners are required to maintain their private or company premises. This includes providing adequate lighting and fixing cracks and holes in defective sidewalks. Owners and managers must also ensure the building is structurally sound and provide sufficient security.  When they fail in their duty, and you are hurt as a result of their negligence, you may be able to recover compensation for the injuries they have caused. Our premises liability attorneys in Atlanta will work to hold property owners and businesses accountable.  Van Sant Law has been standing up for injured accident victims **since 2008**. Call now to schedule your free consultation. We never settle a case unless the client is happy with the result; that is the Van Sant Law client satisfaction guarantee.  Call or text [770-886-9199](tel:+17708869199) or complete a [Free Case Evaluation form](https://www.vansantlaw.com/contact-us/) --- Source: https://www.vansantlaw.com/atlanta-ga/premises-liability-lawyer/