Under Georgia law the owner and occupier of land have the legal and statutory obligation to maintain premises in a safe condition for people legally on the premises. The duty can be affected by the status of the person injured as what the law recognizes as an invitee, a licensee or a trespasser. The duty of the landowner can result in liability for negligent construction, design, maintenance, repair, inspection or even security from criminal attack by third parties on the premises.

Generally, property owners maintain liability insurance coverage on land under a commercial liability policy for business establishments or homeowners insurance for private property. This is important because it provides substantial insurance to satisfy a claim by an injured person. These policies may also have coverage for medical expenses regardless of whether the landowner is negligent in causing the injury to a person while on their land. The basis of responsibility in Georgia is the superior knowledge by the landowner of the danger or defect on their premises. This standard is similar whether the claim is for injury from a trip and fall due to uneven steps or a criminal violence against someone visiting the property. Developing and establishing evidence of superior knowledge often depends on the lawyers thorough investigation of the scene and witnesses, filing a lawsuit to obtain discovery of documents and sworn testimony, and working with experts to prove proper standards and practices. Defendants will almost always move to dismiss a case and claim a lack of superior knowledge. Defeating these motions make the difference between success and failure.

Our Atlanta injury firm has handled premises liability cases and made appellate law affecting the rights of persons injured in such cases in the Georgia courts for three decades. These cases can occur in Apartment Negligence; Mall Liability; Retail and Commercial Liability; Rape Attacks; Criminal Attacks; Assault and Battery; False Imprisonment; Slip and Fall; Trip and Fall; and Drowning or Aquatic injuries. Other incidents leading to a superior knowledge by the landowner or knowledge of an existing danger is generally the focus of these cases. Discovery of the evidence necessary may involve, detailed witness interviews, statements from former employees, finding construction and maintenance records, police incident property reports, surveillance video and other documentary evidence. Professional and experienced investigation is the key to success.