When Are Property Owners Liable For Injuries In Georgia?

Premises liability is a legal concept that holds property owners and occupiers responsible for maintaining a safe environment for visitors. When someone is injured on another person’s property due to negligence, they may have grounds to pursue a premises liability claim. In Georgia, the laws surrounding premises liability outline specific duties for property owners, depending on the nature of the visitor and the circumstances of the injury. Our Atlanta Personal Injury Lawyers at The Spizman Firm understand these responsibilities for both property owners and injury victims.
Who Is Covered Under Premises Liability Laws in Georgia?
Premises liability applies to various types of property, including residential homes, commercial buildings, public spaces, and rental properties. The degree of responsibility a property owner has depends on the classification of the injured party:
Invitees
Invitees are individuals who are on the property for the owner’s benefit, such as customers in a store or patrons at a restaurant. Property owners owe the highest duty of care to invitees, which includes regularly inspecting the premises for hazards and addressing them promptly.
Licensees
Licensees are social guests or others who are on the property with permission but not for the owner’s financial benefit. Property owners must ensure the property is free from hidden dangers that they know about but the licensee might not reasonably discover.
Trespassers
Property owners generally owe limited duties to trespassers, though they cannot willfully or wantonly cause harm. Special exceptions may apply for child trespassers, such as in cases involving an “attractive nuisance” like an unsecured swimming pool.
Common Scenarios Leading to Premises Liability Claims
Several situations can lead to premises liability claims in Georgia, including:
1. Slip and Fall Accidents
- These are among the most common premises liability cases. Property owners may be liable if a slip and fall occurs due to hazards such as wet floors, uneven surfaces, or poorly maintained walkways.
2. Inadequate Security
- If a crime occurs on a property due to insufficient security measures, such as poor lighting or lack of surveillance, the owner may be held responsible for injuries resulting from the incident.
3. Dangerous Conditions
- Failing to repair or warn visitors about hazardous conditions like broken stairs, exposed wiring, or structural issues can lead to liability if someone is injured.
4. Dog Bites
- In Georgia, a property owner can be liable if their dog bites someone and the owner knew or should have known the dog had aggressive tendencies.
5. Swimming Pool Accidents
- Owners of pools must take steps to prevent accidents, such as installing fences and posting warning signs about potential dangers.
Proving Premises Liability
To succeed in a premises liability claim in Georgia, the injured party must prove the following:
- The property owner owed them a duty of care.
- The owner failed to maintain safe conditions or warn about hazards.
- This failure caused the injury.
- The injury resulted in damages, such as medical bills or lost wages.
How The Spizman Firm Can Help
Premises liability cases can be complex, requiring a thorough understanding of Georgia’s laws and a strategic approach to proving negligence. At The Spizman Firm, we help injury victims in Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs secure the compensation they deserve. Contact us today to discuss your case and learn how we can help you hold negligent property owners accountable.