Premises Liability Lawyer in Alpharetta, GA

What premises liability is

A business that invites the public onto its property must use ordinary care to keep it safe (O.C.G.A. § 51-3-1). That includes stores, restaurants, apartment complexes, hotels and parking garages, and the approaches to them. When it does not, and someone is hurt as a result, the owner or the business operating the property can be responsible.

That covers a wide range of situations. Think of a fall on a spill or broken step, a dog bite, or an assault in a poorly secured lot. A collapsing shelf, an unmarked hole or an unfenced pool count too. What ties them together is that the injury came from the condition of the property, or from how it was run.

Premises claims are one of the main branches of our personal injury practice, handled from our Alpharetta law office.

The test Georgia actually applies

Being hurt on someone’s property is not enough on its own. Georgia courts ask whether the owner had superior knowledge of the danger. In practice, that means showing two things:

1. The owner knew, or should have known, about the hazard. Either someone on staff actually knew, or a reasonable inspection would have found it. Or an employee was close by and could easily have seen and fixed it.
2. You did not know about it, even though you were paying reasonable attention.

The second half is where insurers spend most of their effort. They will argue the hazard was “open and obvious”, or that you were not looking where you were going. That is why it matters what you say afterward — at the scene, to the store manager, and to any adjuster who calls.

Who you were on the property matters

Georgia sorts people on property into categories, and the owner’s duty depends on which one you fall into. A customer or invited visitor is owed the most care. A social guest at someone’s home is owed less — the owner’s duty is much narrower. A trespasser is owed less again. Most premises claims we handle involve businesses and customers, where the duty is clearest.

The evidence that disappears

Premises cases are won or lost on evidence that the property owner controls:

• Security footage. Most commercial systems overwrite on a cycle of days or weeks. A written request to preserve it needs to go out fast.
• Inspection and cleaning logs. Sweep logs, maintenance records and work orders show whether anyone was actually checking.
• The incident report. Ask for a copy, or at least the report number, before you leave.
• Prior complaints. Earlier falls in the same spot, or earlier crimes on the same property, can show the owner knew about the danger.

Your side of the evidence is yours to keep. Photograph the hazard and the area around it, keep the shoes you wore, and get the names of anyone who saw it. Keep your medical records from the first visit on.

Government property has a separate, shorter deadline

You may have been hurt on property owned by a city, county or the state, such as a sidewalk, public building or park. Then a written notice requirement applies on top of the usual lawsuit deadline. It is six months for a city (O.C.G.A. § 36-33-5) and twelve months for a county (O.C.G.A. § 36-11-1) or the State of Georgia (O.C.G.A. § 50-21-26). Miss it and the claim is generally gone. This is the single most common way a valid premises claim is lost.

For state property, the notice goes to the Department of Administrative Services’ risk management division, with a copy to the state agency involved.

The claims we handle

• Slip, trip and fall — spills, wet floors, broken steps, uneven pavement, poor lighting.
• Dog bites — attacks by dogs whose owners knew they were dangerous or let them loose against a leash law.
• Negligent security — assaults and crimes on properties that did not take reasonable precautions.

If you were working when it happened

Maybe you were hurt on someone else’s property while working, as a delivery driver or a contractor. Then you may have a workers’ compensation claim through your employer. You may also have a separate premises claim against the property owner. Workers’ comp does not pay for pain and suffering. The premises claim can.

Deadlines and next steps

For private property, Georgia generally gives you two years from the injury to file suit (O.C.G.A. § 9-3-33). For public property, see the shorter notice deadlines above.

Get treated and keep every appointment. Write down what you remember — where the hazard was, what it looked like, who was around. Do not give a recorded statement to the property owner’s insurer. Then call; the first conversation is free and it is with Jeff Snell directly.

Common questions

What do I have to prove in a Georgia premises liability case?

That the owner knew or should have known about the hazard and you did not, even though you were paying reasonable attention. Georgia courts call this the owner's superior knowledge.

Does it matter why I was on the property?

Yes. Customers and invited visitors are owed the most care, social guests less, and trespassers less again. Most claims we handle involve businesses and their customers.

What is the deadline for an injury on government property?

A written notice deadline applies on top of the usual two years. It is six months for a city, and twelve months for a county or the State of Georgia. Missing it generally ends the claim.

What does "open and obvious" mean?

It is the insurer's argument that you should have seen the hazard yourself. It is why what you say at the scene, and later to adjusters, matters so much.

What should I keep after getting hurt on someone's property?

Photos of the hazard and the area around it, the shoes you wore, witness names and your medical records from the first visit on. Ask for the incident report number before you leave.

Our Premises Liability services

Premises Liability covers a lot of ground. We handleslip & fall, dog bite and negligent security claims — and if you are not sure which one your case is, that is exactly what the first phone call is for.

Slip & Fall LawyerSlip & fall injury litigationDog Bite LawyerDog bite injury litigationNegligent Security LawyerAssault & battery injury litigation