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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$160K Settlement for Man in Rear-End Collision
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$122.5K For Young Man Involved in a Head-on Collision
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$308K Rotator Cuff Injury in a Head-On Collision
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$100K Woman Who Suffered Neck & Back Pain After Rear-End Collision
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$100K Policy Limit Settlement for Motor Vehicle Accident With Back Injury
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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"David and his crew worked so hard to come to a great conclusion on my case."
I was in a car accident with a tractor trailer two years ago and David Van Sant came highly recommended for someone I could talk to about the situation. Best decision I've ever made! He fought for me in ways that was truly amazing. Thank you David, Michael and everyone in the office.
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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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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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"Van Sant Law was the right support to call after my car accident with my daughter."They were referred to me by a close friend of mine. Extremely professional, and asked the language I feel comfortable to discuss my case in. Alex Rusanov was my case manager and explained every aspect of my case during the process. I would highly recommend to use this law firm if you were injured in a car accident. Drive safe and stay alert!- Angela
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"They were diligent, timely, and very informative during the whole process."
Van Sant Law worked on my personal injury case, and they have gone above and beyond in representing me as a client. They gave multiple updates throughout the course of the case. I would highly recommend Van Sant to friends and family, and I would choose them as my personal injury attorney if I were to have a personal injury claim. Thank you, Van Sant Law!
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I had a head on collusion that left me with a totaled car & very bad injuries. From the first time I spoke to David Van Sant to the end I have been totally satisfied. I worked with Patricia she was very compassionate yet professional she was always ready to answer any concerns that I might have. I am grateful that my daughter found this law firm for me.
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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.
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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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