Slip and Fall on Someone Else’s Property in Georgia: When Are They Liable?

November 19, 2021
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The short answer: A property owner in Georgia can be held liable for your injury if they failed to keep the property reasonably safe or failed to warn you about a hazard they knew (or should have known) about through ordinary care. Liability usually turns on the owner’s “superior knowledge” of a danger you could not reasonably avoid. In Georgia, you generally have two years to file a claim, and your own share of fault can reduce, or even bar, what you recover.

If you were hurt on private property in Marietta, you’re probably dealing with pain, medical bills, and a nagging question: was this the owner’s fault, or just an accident? Fair question. You don’t have to answer it alone. At The Persons Firm, we’re here to help, and your consultation is always free. Here’s how Georgia premises liability actually works.

In this article, our Marietta slip and fall accident lawyer discusses:

– When a property owner is liable for your injury

– Common accidents that happen on private property

– What to do when there’s no police report

– What happens if the owner blames you

– How long you have to file a claim in Georgia

When Is a Property Owner Liable for an Injury on Their Property in Georgia?

A Georgia property owner is liable when they fail to exercise ordinary care to keep their property safe, and that failure causes your injury. Georgia’s premises liability law (O.C.G.A. § 51-3-1) says an owner who invites individuals onto their land is liable for damages for injuries caused by the owner’s failure to exercise ordinary care in keeping the premises and approaches safe.

What duty the owner owes depends on why you were there. Georgia law sorts visitors into three groups:

– Invitees (customers and most individuals invited onto a business or property) are owed the most protection, which is ordinary care to keep the property safe.

– Licensees (social guests there for their own purposes) are owed less. The owner is generally liable only for willful or wanton injury to a licensee.

– Trespassers are owed the least.

The heart of most cases is simple. Liability turns on the owner’s superior knowledge of a condition that poses an unreasonable risk of harm to a visitor. Put plainly: if the owner knew or should have known about a danger you could not reasonably see or avoid, they may be responsible.

What Types of Accidents Happen on Private Property?

Premises liability covers much more than slip-and-fall accidents. Common examples we see include:

– Slip and falls on wet floors, spills, or freshly mopped surfaces with no warning sign

– Trip hazards, such as torn carpet, uneven pavement, loose stairs, or poor lighting

– Dog bites and animal attacks

– Falling objects from shelves or overhead displays

– Swimming pool accidents, especially where a pool isn’t properly fenced or supervised

Dog bites follow their own rules. In a typical dog bite case, whether the claim rests on the premises liability statute or Georgia’s dangerous animal statute (O.C.G.A. § 51-2-7), the injured person generally must show the dog’s vicious propensity. Not sure whether your accident qualifies? Let us take a look.

What Happens If There’s No Police Report for an Accident on Private Property?

You can still have a strong claim even without a police report. Police often won’t respond to a private property incident, such as a fall in a store or at someone’s home, because there’s no crime or traffic violation to investigate. That’s normal, and it doesn’t mean your injury doesn’t count.

Evidence is what matters. When there’s an accident on private property with no police report, other proof can step in:

– Photos and video: of the hazard, the scene, and your injuries, taken as soon as possible

– An incident report: filed with the store manager, landlord, or property owner (ask for a copy)

– Witness statements: contact information from anyone who saw what happened

– Medical records: from seeing a doctor right away, which tie your injuries to the accident

The sooner that evidence is gathered, the better. Hazards get cleaned up, and memories fade. Call The Persons Firm at (770) 758-1664 for a free consultation to help protect that evidence.

What Happens If the Property Owner Says You Should Have Seen the Hazard?

Georgia uses a modified comparative negligence rule, so even if you share some blame, you may still recover, within limits. Owners and their insurers often argue the hazard was obvious and you should have avoided it. Here’s how that plays out under the law.

Under Georgia’s apportionment statute, if you are partly responsible, the judge reduces your damages in proportion to your percentage of fault. But there’s a hard ceiling. The plaintiff is not entitled to recover damages if the plaintiff is 50% or more at fault for the injury (O.C.G.A. § 51-12-33). So if you’re found 20% at fault, your recovery drops by 20%. If you’re found 50% or more at fault, you recover nothing. That’s exactly why these fault arguments matter, and why having attorneys who know how to push back is important.

How Long Do You Have to File a Claim in Georgia?

In Georgia, you generally have two years from the date of the injury to file a personal injury claim. Under O.C.G.A. § 9-3-33, actions for injuries to the person shall be brought within two years after the right of action accrues. Miss that window, and you can lose the right to recover, no matter how strong your case is. Waiting also makes evidence harder to find, so it pays to act early.

Frequently Asked Questions About Being Injured on Private Property

What should I do right after an accident on private property?

Get medical attention first, then document everything you can. Report the incident to the owner or manager, take photos, collect witness information, and keep your medical records. Then call The Persons Firm so we can help protect your claim.

How much does it cost to hire The Persons Firm?

Your consultation is free. We handle personal injury cases on a contingency fee basis, which means you don’t pay attorney fees unless we recover compensation for you.

What if I were partly at fault for my fall?

You may still recover, as long as you’re less than 50% responsible. Your compensation would simply be reduced by your share of fault. We can assess this during your free consultation.

Do I have a case if there was no police report?

Possibly, yes. A police report isn’t required for a private property injury claim. Photos, an incident report, witness statements, and medical records can all help prove what happened.

Injured on Private Property in Marietta? We Are Here to Help.

Premises liability cases can get complicated, and insurance companies know it. You don’t have to sort it all out alone. The attorneys at The Persons Firm will listen to your story, explain your options, and guide you through every step.

We are here to help. Call (770) 758-1664 for a free consultation, or stop by our Marietta office at 531 Roselane Street Northwest 200, Marietta, GA 30060. Let us help you take the next step.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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