Slip and Fall

Premises liability is the area of law that holds property owners and occupiers responsible when someone is injured on their property due to unsafe conditions. In Georgia, under O.C.G.A. § 51-3-1, property owners owe a duty of ordinary care to keep their premises and approaches safe for invited guests (invitees). If they fail to maintain safe conditions or fail to warn of hidden hazards, they can be held liable for injuries that result.

To win a premises liability case in Georgia, you generally must show:

• The property owner had actual or constructive knowledge of the hazardous condition
• The property owner failed to exercise ordinary care to fix the hazard or warn about it
• You did not have equal or superior knowledge of the hazard
• The hazardous condition was the proximate cause of your injuries

Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. If you are found partially at fault for your slip and fall, your recovery is reduced by your percentage of fault. However, if you are 50% or more at fault, you are barred from recovery entirely. Insurance companies will try to blame you — our job is to fight back.

1. 1Report the incident to the property owner or manager immediately
2. 2Document the scene — take photos of the hazard, your injuries, and the surrounding area
3. 3Get contact information from any witnesses
4. 4Seek medical attention right away, even if injuries seem minor
5. 5Keep all medical records and receipts
6. 6Do not give a recorded statement to the property owner's insurance company
7. 7Contact a premises liability attorney as soon as possible