Atlanta Premises Liability Attorney

Georgia Premises Liability Law

Premises liability law in Georgia governs the legal responsibility of property owners and occupiers for injuries that occur on their property due to unsafe or hazardous conditions. Under O.C.G.A. § 51-3-1, property owners who invite others onto their premises for lawful purposes must exercise reasonable care in keeping the premises safe.

To succeed in a premises liability claim, the plaintiff must prove the following:

1. A Hazardous Condition Existed: The property had a dangerous condition (e.g., wet floors, broken railings, poor lighting).
2. 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).
3. 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.
4. The Plaintiff Was Injured Due to the Hazard: There must be a direct link between the dangerous condition and the plaintiff’s injury.
5. 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).

Here is the duty of care owed by property owners based on visitor status:

• Invitee: Someone who enters the property for a mutual benefit (e.g., a customer in a store). Property owners owe them the highest duty of care to maintain a safe environment and warn of known hazards.
• Licensee: Someone allowed on the property for their own interests, like a social guest. Owners must warn them of known dangers but are not required to inspect for unknown hazards.
• Trespasser: Someone unlawfully on the property. The owner generally has no duty to protect them, except to avoid willful or wanton harm.

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 types of premises liability cases:

• Slip and Fall Accidents: Slip and fall accidents happen when a person loses footing due to hazardous conditions like wet floors, uneven surfaces, or icy sidewalks. Property owners may be held liable if they knew or should have known about the danger but failed to fix it or provide warnings.
• Trip and Fall Accidents: Trip and fall accidents occur when someone trips over obstacles such as loose wires, broken sidewalks, or cluttered walkways. Owners can be responsible if they neglected to remove hazards or warn visitors of potential dangers.
• Inadequate Security Claims: Property owners may be liable for injuries resulting from criminal acts, such as assaults or robberies, if they failed to provide reasonable security measures. This includes poor lighting, lack of security personnel, or missing surveillance cameras in areas prone to crime.
• Swimming Pool Accidents: 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.
• 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.
• Elevator and Escalator Accidents: Malfunctions, sudden stops, 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.
• Falling Objects: Falling object accidents occur when unsecured or improperly stacked items fall and injure someone, often in retail stores or warehouses. Property owners must ensure items are safely secured to prevent these hazards.
• 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.