What is Premises Liability?
Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining safe conditions on their property. If a visitor, tenant, or customer is injured because of unsafe or defective conditions, the property owner may be liable for those injuries.
Examples of premises liability cases include:
- Slip and fall accidents on wet floors or uneven surfaces
- Trip and fall incidents caused by poor lighting or broken steps
- Dog bites or animal attacks on private property
- Injuries from falling objects or defective fixtures
- Swimming pool accidents due to inadequate supervision or lack of barriers
- Negligent security leading to assaults or other crimes
Essentially, if a property owner fails to take reasonable steps to keep their property safe for visitors, and that negligence leads to injury, the injured party may have a valid claim.
Georgia Premises Liability Laws
Georgia law requires property owners and occupiers to maintain safe conditions for lawful visitors. Under O.C.G.A. § 51-3-1, owners must exercise “ordinary care” to keep their premises safe. However, the level of duty owed depends on the type of visitor:
- Invitees: These are people invited onto the property for the benefit of the owner, such as customers in a store. Owners owe the highest duty of care to invitees.
- Licensees: These are social guests or people allowed on the property for their own purposes. Property owners must avoid willfully or wantonly injuring them.
- Trespassers: Generally, property owners do not owe a duty of care to trespassers, except to avoid intentional harm once their presence is known.
To succeed in a premises liability claim in Gainesville, GA, you typically must prove:
- The property owner owed you a duty of care.
- The property owner breached that duty by failing to maintain a safe environment.
- That breach directly caused your injury.
- You suffered damages (such as medical bills, lost income, or pain and suffering).
Because these cases often hinge on evidence such as photographs, witness testimony, and maintenance records, it is crucial to work with an experienced Gainesville premises liability lawyer who understands Georgia law.
Compensation from a Premises Liability Claim
Being injured due to unsafe property conditions can leave you with overwhelming medical bills, lost income, and long-term health complications. A successful premises liability claim may allow you to recover compensation for both economic and non-economic damages, including:
- Medical expenses – Hospital bills, doctor visits, physical therapy, and future medical care
- Lost wages – Income lost from missing work, as well as diminished earning capacity if you cannot return to your previous job
- Pain and suffering – Physical pain, emotional distress, and reduced quality of life
- Disability or disfigurement – Permanent injuries that affect your daily living
- Wrongful death damages – In cases where an unsafe property condition leads to a fatal accident, surviving family members may seek compensation for funeral expenses, loss of financial support, and emotional suffering
Every case is different, and the amount of compensation depends on the severity of your injuries, the circumstances of the accident, and the property owner’s level of negligence. Our Gainesville premises liability attorney at Van Sant Law can evaluate your situation and fight for the maximum recovery you deserve.
see how we've made a difference
If you are hesitating to call us for help, take a look at our recent case results.
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$100,000 $100k Policy Limit Settlement for Motor Vehicle Accident With Back Injury
Policy Limit Settlement for Motor Vehicle Accident With Back Injury
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$1,000,000 $1.0 Million for Client With Significant Leg Injury
Client With Significant Leg Injury
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$160,000 $160k Settlement for Man in Rear-End Collision
Settlement for Man in Rear-End Collision
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$525,000 $525k Result for Man Injured by Dump Truck
Result for Man Injured by Dump Truck
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$250,000 $250k for Man Who Suffered Neck Injury in Motor Vehicle Accident
For Man Who Suffered Neck Injury in Motor Vehicle Accident
Premises Liability FAQs
How long do I have to file a premises liability claim in Georgia?
In Georgia, you typically have two years from the date of the injury to file a personal injury lawsuit. This is known as the statute of limitations. If you miss this deadline, you may lose your right to pursue compensation.
What should I do if I was injured on someone else’s property?
Seek medical attention immediately, even if your injuries seem minor. Report the incident to the property owner or manager, take photographs of the hazard, and gather witness contact information. Then, contact a Gainesville premises liability lawyer to discuss your rights.
Can I still recover compensation if I was partially at fault?
Yes. Georgia follows a modified comparative negligence rule, which means you can still recover damages if you were less than 50% at fault. However, your compensation will be reduced by your percentage of fault.
Are businesses always liable for slip and fall accidents?
Not necessarily. You must prove the business knew or should have known about the dangerous condition and failed to fix it within a reasonable time. Simply falling on their property does not guarantee liability.
Do I need an attorney for a premises liability claim?
While you are not legally required to hire a lawyer, having one greatly improves your chances of securing fair compensation. Insurance companies often try to minimize claims, but an experienced attorney can protect your rights and maximize your recovery.
Speak with a Gainesville Premises Liability Lawyer Today
If you or a loved one has been injured on someone else’s property in Gainesville, you should not face the aftermath alone. Property owners and insurance companies often work hard to minimize or deny claims. At Van Sant Law, we are dedicated to standing up for your rights and holding negligent parties accountable.
Our team provides compassionate, personalized legal representation and aggressive advocacy in negotiations and court. We will thoroughly investigate your case, gather the evidence needed to prove liability, and pursue the full compensation you deserve.
Call (800) 234-9556 for a free consultation with an experienced premises liability attorney in Gainesville, GA.
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Proven Record of Results
Van Sant Law has recovered millions in compensation for our clients’ benefit.
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Years of Experience
Van Sant Law is committed to professional and experienced personal injury representation.
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Awards and Accolades
10.0 “Superb” rating on Avvo™, Super Lawyers Rising Stars, National Trial Lawyers Association Top 40 Under 40
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Strategic and Aggressive
Our legal team includes former defense attorneys for large insurers who know how they settle injury claims.
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Personal and Compassionate
Our firm works hard to ensure that your needs are taken care of during your recovery time. We work for you so you can get your life back.
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No Fee Guarantee
Our firm works on a contingency fee basis. Meaning there are no fees or costs unless we recover compensation for you!
At Van Sant Law, your satisfaction is our priority! See for yourself what our clients have to say about working with us.
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"Van Sant Law took care of everything."
Back in March I was involved in a rear end collision accident. The are very professional and will do whatever it takes to get the best possible offer when it comes with the insurance. 5/5 will recommend to everyone
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"Very knowledgeable, straight forward and communicated with me every step of the way."
I used Van Sant Law for my auto accident claim and I'm so glad I did! Parker, my attorney, was especially great. He really eased my pain and got me the best settlement possible. I highly recommend Van Sant Law. They did right by me and I'm very happy with their level of service.
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Van Sant Law was just the right people to call after my car accident. They were referred to me by a friend. They were helpful and understanding of my needs and pains. From start to finish they were helpful in explaining the process with the doctors and insurance. Thank you for getting me back on feet.
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"Van Sant is the place to go."
R. Shannon Carpenter is the guy to call! Because of him I got a far larger compensation than I ever expect and the whole process was stress free for me!
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"I am beyond grateful for the exceptional service provided by Van Sant Law firm."
From the beginning, they demonstrated a deep understanding of my case and a commitment to achieving the best possible outcome. Their attention to details, professionalism, and expertise was truly remarkable.
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I had the best experience with VanSant Law. I am forever grateful for Van Sant Law and will use them in the future.
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The team really helped us as we navigated the claims process after our oldest child had his car totaled by a drunk driver! They were incredibly professional and helped us through every step of the process! Would absolutely recommend their services! Thank you!
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"Let the Van Sant team handle your case! You're in good hands."
Attorney David M. Van Sant is one of the best injury trial attorneys here in the Atlanta area. They are precise and unique in their approach. When I had my car accident, my whole world was turned upside down, but with Attorney Van Sant and his team of professionals dedication and quality of service, my life is back on track.
- Crystal
Our firm is dedicated and committed to providing you with the best legal services possible, from your education on the issues to fighting for positive results for your case. Through a free, initial consultation, we will make sure you understand the best way to approach your case, and we’ll review any relevant documents that you provide us with to make sure we have a full, detailed picture of your situation.
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