Every property owner in Atlanta has a legal duty to maintain their premises in a reasonably safe condition. When that duty is breached, and visitors are injured because of unsafe property conditions, Georgia’s laws governing premises liability claims provides a path to justice and compensation.
MPG Trial Law’s Atlanta premises liability attorney, Mary Paige, is a skilled trial advocate who successfully takes on corporations, property owners and managers, and insurers who try to avoid accountability. When you work with us, you gain a trial team committed to fighting for your maximum financial recovery.
Premises Liability Laws in Atlanta
In Georgia, the legal principles governing premises liability are outlined in O.C.G.A. § 51-3-1, which requires property owners and occupiers to exercise ordinary care in keeping their premises safe for invitees.
This duty applies to commercial properties and residential spaces. When an unsafe condition exists, the law examines whether the property owner knew or should have known about the hazard and whether they took reasonable steps to correct it.
Invitee, Licensee, and Trespasser Status
The injured person’s legal status at the time of the accident affects their rights under Georgia’s premises liability law.
- Invitee: An invitee is someone on the property for the mutual benefit of both parties, such as a customer in a store. Invitees are owed the highest duty of care, meaning the property owner must routinely inspect the premises, repair hazards, and warn of dangers.
- Licensee: A licensee enters for their benefit, such as a social guest. Property owners owe licensees a lower duty, typically to avoid willfully or wantonly causing harm.
- Trespasser: A trespasser enters without permission. Property owners generally owe no duty to make the premises safe, except to refrain from intentional harm. However, exceptions exist, such as the “attractive nuisance doctrine” when children are drawn to hazardous conditions like swimming pools.
At MPG Trial Law, we are well-versed in the nuances of Georgia premises liability law and understand these distinctions. Our premises liability attorney, Mary Paige, uses the full force of law to establish that you were legally present on the property when your injury occurred.
Actual vs. Constructive Liability in Atlanta
Actual Knowledge
If a property owner has actual knowledge of a hazard, such as being told about a spill or a broken handrail, and fails to fix it, liability is clear. The law imposes a strict duty to remedy the hazard or warn visitors immediately.
Constructive Knowledge
Even if a property owner claims they were unaware of the hazard, Georgia law recognizes constructive knowledge. This means liability can arise if the hazard existed long enough that the owner should have discovered it through reasonable inspections.
For example, if a puddle has been on a grocery store floor for a significant period of time and employees don’t address it, the store may be liable even if no one directly reported the hazard. Courts in Atlanta evaluate constructive knowledge through security footage, employee schedules, store policies, maintenance logs, and testimony.
Balancing Comparative Fault
Georgia follows a modified comparative negligence rule (O.C.G.A. § 51-12-33). This means if you were partially at fault for your injury (such as by not paying attention to warning signs), your compensation may be reduced by your percentage of fault. However, as long as you are less than 50% responsible, you may still recover damages.
Types of Claims Our Atlanta Premises Liability Attorneys Can Handle for You
Premises liability extends far beyond classic slip and fall cases. At MPG Trial Law, our Atlanta slip and fall lawyer can handle a wide range of claims, including:
- Slip and Fall Accidents: Caused by spills, poor lighting, defective flooring, or icy sidewalks
- Negligent Security: When property owners fail to provide adequate lighting, locks, or security personnel, leading to assaults or robberies
- Swimming Pool Accidents: Including drownings or injuries caused by unsafe pool maintenance or lack of supervision
- Elevator and Escalator Malfunctions: Faulty mechanics or poor maintenance causing crushing injuries or falls
- Falling Merchandise or Debris: Common in warehouses and big-box retail stores, where improperly stacked items fall onto customers
- Defective Staircases or Railings: Structural defects that cause falls in apartment complexes, hotels, or office buildings
- Amusement Park or Recreational Facility Injuries: Unsafe rides, inadequate maintenance, or failure to supervise high-risk activities
- Fire and Building Code Violations: Including injuries due to a lack of smoke detectors, blocked fire exits, or code violations
- Toxic Exposure Claims: Such as mold, lead, asbestos, or hazardous chemicals left untreated or undisclosed in rental units or workplaces
- Dog Bites and Animal Attacks: When property owners fail to restrain dangerous animals on their property
If you suffer premises liability injuries on someone else’s property, our legal team will build a strong, evidence-based legal strategy to recover maximum compensation for you through a premises liability lawsuit.
Why You Need Our Trial Lawyer, Mary Paige, on Your Side
Premises liability accidents are among the most aggressively defended claims in civil litigation. Corporations, property management companies, and insurers love to argue that victims should have “watched where they were going” or that the danger was “open and obvious.” Without experienced representation, these arguments can severely limit your recovery.
Our Atlanta premises liability lawyer, Mary Paige, is not only skilled in settlement negotiations but also recognized for her courtroom tenacity. Unlike many firms that shy away from trial, or premises liability cases as a whole, we prepare every premises liability case as though it will go before a jury from the moment we open the case file. This approach ensures we uncover every piece of evidence so that all negligent parties are held liable under the law.
If you or a loved one have suffered injuries due to a property owner’s negligence, our aggressive, trial-ready stance can put pressure on opposing parties to offer fair compensation. When they refuse, we will be fully prepared to present your case before a jury to seek fair compensation for your medical bills, lost wages, and pain and suffering.
Our Atlanta Premises Liability Lawyer is Ready to Fight for You
Premises liability claims in Atlanta are complex, and private or public property owners may use their vast legal resources to deny liability. At MPG Trial Law, our premises liability team will level the playing field with aggressive trial preparation and client-focused advocacy.
Our record of success in premises liability cases includes numerous six-figure settlements, demonstrating our negotiation skills and courtroom strength. To schedule a free consultation to discuss your premises liability claim, call us at 404-260-6330 or contact us online.