Georgia Premises Liability Lawyer

What is Georgia's superior knowledge rule?

In a Georgia premises case, you generally must prove that the owner had actual or constructive knowledge of the hazard, and that you lacked knowledge of it despite using ordinary care for your own safety.

The idea is that liability rests on the owner's superior knowledge. If you knew about the hazard as well as the owner did, recovery may be barred. In practice, this means evidence of what the owner knew and when is central. Inspection records, employee testimony and video often show how long a spill or defect was present. Evidence that the hazard was hard to see, such as poor lighting or a clear liquid on a shiny floor, shows you could not reasonably have noticed it.

What duty does a Georgia owner owe you?

It depends on why you were there. Invitees, such as customers and tenants in common areas, are owed ordinary care to keep the premises reasonably safe. Licensees, such as social guests, are owed protection from willful or wanton injury and warnings about known hidden dangers.

Trespassers are owed even less, generally only protection from willful or wanton harm. Georgia also has a recreational property act that limits the liability of owners who open land to the public for free recreation, with exceptions for willful failure to guard or warn against known dangers. Most premises claims involve invitees at businesses or apartment complexes.

How did Georgia's 2025 law change negligent security claims?

It made them more demanding. The 2025 tort reform changed how negligent security claims against owners of apartments, hotels, parking decks and shopping centers are evaluated, including how fault is shared with the person who committed the crime.

Negligent security claims still exist when an owner knew or should have known of similar crimes and failed to take reasonable steps such as lighting, locks, cameras or security staff. Prior crime reports at the property and nearby are key evidence. Because the rules depend on when the incident occurred and when the case was filed, our attorneys apply the version of the law that governs your dates. See our premises liability practice.

How does Georgia's 50% bar apply to a fall?

Your recovery is reduced by your share of fault and barred at 50% or more. Owners frequently argue that you should have seen the hazard.

Imagine a shopper in a Savannah grocery store who slips on a clear liquid near a cooler while reaching for an item. A jury values the damages at $90,000.

• Shopper 20% at fault: recovery of $72,000.
• Shopper 45% at fault: recovery of $49,500.
• Shopper 50% at fault: recovery of zero.

Evidence that the cooler had leaked before, that employees walked past the spill, or that lighting was poor can keep the shopper's share low.

What premises claims are common in Georgia?

Georgia's hotels, convention centers, apartment complexes and retail centers produce a steady stream of premises claims. Many involve large companies with corporate insurers and detailed incident procedures.

• Falls on wet floors, uneven sidewalks and broken stairs.
• Swimming pool injuries and drownings at apartments and hotels.
• Assaults in parking decks, apartment complexes and hotels.
• Falling merchandise in big-box stores.
• Dog attacks on rental property; see our dog bite practice.

Metro Atlanta's convention and hospitality industry draws large crowds, and Georgia's coastal resorts add pool and balcony hazards. Identifying who controlled the area, whether the owner, a tenant or a management company, is an early step.

Shopping centers are a good example. The store may control the sales floor, while the landlord controls the parking lot and sidewalks, and a contractor handles cleaning or landscaping. Leases and service contracts often decide which company had the duty to fix a hazard. Our team requests those documents early so the right parties are named before the two-year deadline, and so one company cannot simply point to another that was left out of the case.

What if you were hurt on Georgia government property?

You may have a claim, but ante litem notice is required: generally six months for cities and twelve months for the state. Claims against counties also carry a written notice requirement.

Public sidewalks, parks, government buildings and parking areas are common settings. The notice must include specific information, and sovereign immunity limits many claims. See our government and public property claims page. For fatal incidents, see our Georgia wrongful death page, and visit the Georgia injury hub for more deadlines.