Atlanta Premises Liability Lawyer
You walked into a property that was supposed to be safe. It was not. And now you are paying the price for someone else’s negligence. We have recovered millions for premises liability victims — including a catastrophic paraplegia case — and we are ready to fight for you.
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Buckhead & Norcross
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Overview
You Were Injured on Someone Else’s Property — And They Are Responsible
You slipped on a wet floor in a grocery store and shattered your hip. You were assaulted in a parking garage that had no security cameras, no lighting, and no guards. Your child was hurt at an apartment complex swimming pool that did not have a functioning gate. You fell through a broken stairwell railing at your apartment.
These are not random accidents. These are predictable injuries caused by property owners who failed to do their job — keep their property safe.
In Georgia, property owners and occupiers have a legal obligation to maintain their premises in a reasonably safe condition. When they fail that obligation and you get hurt, they owe you compensation. Full compensation. Not the lowball offer their insurance company throws at you. The actual cost of what happened to you.
At The Gunn Law Group, we hold negligent property owners accountable. Our premises liability results — including a case involving a catastrophic injury that left our client paralyzed — demonstrate what we deliver for people who have been seriously hurt because someone else cut corners on safety.
If you were injured on someone else’s property in Atlanta or anywhere in Georgia, call 888-BIG-GUNN (888-244-4866) for a free consultation.
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Call 888-BIG-GUNN Request a Free Case ReviewGeorgia Premises Liability Law: What Property Owners Owe You
Georgia premises liability law is governed by O.C.G.A. § 51-3-1, which states:
“Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”
This statute establishes a clear duty: if a property owner invites you onto their property — as a customer, tenant, or business visitor — they must use ordinary care to keep the property safe. Ordinary care means what a reasonable property owner would do under the circumstances.
But Georgia law does not treat all visitors equally. The level of duty a property owner owes you depends on your legal status when you entered the property.
The Three Categories: Invitee, Licensee, Trespasser
Georgia law classifies people who enter property into three categories, each with a different level of protection:
Invitees — Highest Protection
An invitee is someone who enters the property for a purpose connected to the property owner’s business or interests. This includes:
- Customers at a retail store, restaurant, or shopping center
- Tenants and their guests at an apartment complex
- Patients at a medical office or hospital
- Members at a gym or recreation facility
Property owners owe invitees the highest duty of care. They must:
Licensees — Moderate Protection
A licensee enters the property with the owner’s permission, but for their own purposes rather than the owner’s business purposes. Social guests are the most common example.
Property owners must warn licensees of known hidden dangers, but they do not have the same duty to inspect for hazards that they owe invitees.
Trespassers — Limited Protection
Trespassers enter property without permission. Georgia law provides limited protection for trespassers — property owners cannot intentionally harm them or set traps, but they generally do not owe a duty to make the property safe for people who are not supposed to be there.
Important exception: Georgia’s “attractive nuisance” doctrine provides greater protection for children who are drawn to dangerous conditions on a property (like swimming pools, construction sites, or abandoned buildings), even if the child technically trespassed.
- Inspect the premises for hazards
- Repair known hazards or warn about them
- Use ordinary care to keep the property safe
This is the most common category in premises liability cases. If you were a customer, tenant, or business visitor when you were injured, you are likely an invitee.
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“Alexis and Landon were amazing! They communicated very well throughout the process and took really good care of me.”
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4.9 · 500+ Google reviews
“I had an excellent experience with Gunn Law Group. Landon and Laura were both great — professional, knowledgeable, and truly dedicated to helping their clients.”
— Itoo B., Google review
Significant Premises Liability Recoveries for Georgia Clients
Our most significant premises liability result involved a client who suffered catastrophic injuries — paraplegia — due to dangerous conditions on someone else’s property. The property owner knew about the hazard and failed to address it. Their negligence changed our client’s life forever.
The insurance company resisted. They downplayed the hazard. They tried to blame our client. We built a case that left no room for doubt about who was responsible, and we recovered a multi-million dollar settlement for our client.
This case represents what The Gunn Law Group does: we take on property owners and their insurance companies when they refuse to accept responsibility for injuries their negligence caused.
We have also secured significant recoveries for construction site injuries, including cases involving severe spinal injuries and traumatic brain injuries caused by hazardous conditions maintained by property owners and general contractors.
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888-BIG-GUNNTypes of Premises Liability Cases We Handle in Atlanta
Slip and Fall Injuries
Wet floors without warning signs. Ice on sidewalks that was not cleared or salted. Spilled liquids in grocery aisles. Broken flooring, loose carpeting, uneven surfaces. Slip and fall cases are the most common type of premises liability claim, and they can cause serious injuries — broken hips, spinal injuries, traumatic brain injuries, and more.
Georgia law requires property owners to either fix hazardous conditions or adequately warn visitors. A simple “wet floor” sign is sometimes enough — but only if it is actually posted. If the owner knew or should have known about a hazard and left it unrepaired and unmarked, that failure can create liability.
Negligent Security
When a property owner fails to provide reasonable security measures — lighting, cameras, security guards, controlled access — and someone is assaulted, robbed, or worse, the property owner can be held liable. Negligent security cases are common at:
- Apartment complexes
- Parking garages and lots
- Hotels and motels
- Shopping centers and malls
- Gas stations and convenience stores
- Nightclubs and bars
Under Georgia’s 2025 negligent security law (O.C.G.A. § 51-3-50 et seq.), for injuries on or after April 21, 2025, an invitee generally must show the crime was reasonably foreseeable — because the owner had a particularized warning, or actual knowledge of prior substantially similar crimes on the property or within 500 yards — that the attacker exploited a specific physical condition of the property the owner knew about, and that the owner failed to use ordinary care to fix it. The jury must also assign a share of fault to the attacker.
Swimming Pool Accidents
Georgia law requires pool owners — residential and commercial — to maintain fencing, gates, and safety equipment. Drownings, near-drownings, and diving injuries at apartment complex pools, hotel pools, and community pools often result from failure to maintain barriers, lack of depth markers, absence of lifeguards when required, or broken drain covers.
Apartment Complex Injuries
Tenants are invitees. Landlords owe them the highest duty of care. Common apartment complex injuries include:
- Falls on broken or poorly lit staircases
- Injuries from defective railings, balconies, or walkways
- Assaults due to inadequate security (broken gates, no cameras, poor lighting)
- Injuries from failing to maintain common areas
- Carbon monoxide exposure from faulty heating systems
- Fires caused by electrical deficiencies
Retail Store and Restaurant Injuries
Grocery stores, big box retailers, restaurants, and shopping centers must keep their premises safe for customers. Wet floors, falling merchandise, broken fixtures, unsafe parking lots, and inadequate maintenance all create liability.
Construction Site Injuries to Non-Workers
Property owners who allow construction on their premises can be liable if visitors, neighbors, or passersby are injured by unsafe conditions, falling debris, or inadequate barriers.
Proving a Premises Liability Case in Georgia
To win a premises liability case in Georgia, you generally must prove:
- The property owner owed you a duty of care — based on your status (invitee, licensee, trespasser)
- The property owner breached that duty — by failing to maintain the property, failing to repair a known hazard, or failing to warn you
- The breach caused your injury — the dangerous condition directly led to your harm
- You suffered actual damages — medical bills, lost wages, pain and suffering
Georgia also applies the concept of “superior knowledge” — meaning the property owner must have known (or should have known) about the hazard, AND you must not have known about it. If the hazard was open and obvious and you chose to encounter it anyway, the property owner may argue you assumed the risk.
This is where premises liability cases get complicated. Property owners and their insurance companies will always argue that the hazard was “open and obvious” or that you were not paying attention. Having an experienced premises liability lawyer who knows how to counter these defenses is critical.
Common Defenses in Georgia Premises Liability Cases
Insurance companies for property owners use predictable defenses:
- “The hazard was open and obvious” — They will claim you should have seen the danger. We counter with evidence about lighting, visibility, distractions, and whether the property owner created conditions that made the hazard difficult to notice.
- “You were not paying attention” — Comparative negligence. They will try to put fault on you. Under O.C.G.A. § 51-12-33, if you are found less than 50% at fault, you can still recover damages.
- “We did not know about the hazard” — We use maintenance logs, inspection records, surveillance footage, prior complaints, and witness testimony to prove they knew or should have known.
- “You were trespassing” — Classification disputes. We prove you were an invitee or licensee with the right to be on the property.
What Damages Can You Recover?
Georgia premises liability victims can recover:
- Medical expenses — Emergency treatment, surgery, rehabilitation, ongoing therapy
- Lost wages — Time missed from work and reduced future earning capacity
- Pain and suffering — Physical pain and emotional distress
- Disability — Permanent impairment from your injuries
- Disfigurement — Scarring or visible injuries
- Loss of enjoyment of life — Activities and quality of life you can no longer enjoy
- Wrongful death damages — If a premises liability incident caused the death of a loved one
Our multi-million dollar recovery for a paraplegia case demonstrates what is possible when you have the right legal team fighting for the full value of your claim.
Why Choose The Gunn Law Group for Your Premises Liability Case
Proven Results: Our premises liability results include some of the largest in Georgia for this type of case. We know how to build these cases and maximize your recovery.
Thorough Investigation: We document the scene, obtain surveillance footage before it is deleted, interview witnesses, pull maintenance records, and build the evidence that proves negligence.
500+ Five-Star Reviews: Our clients rate us five stars not just for results, but for communication, responsiveness, and genuine care.
No Fee Unless We Recover for You: You pay nothing upfront. We advance all costs and only get paid when we recover for you.
Call 888-BIG-GUNN (888-244-4866) today for a free premises liability case evaluation.
Across Georgia
Premises Liability Lawyers Serving All of Georgia
Hurt somewhere else in the state? We handle premises liability cases across Georgia. See our premises liability practice overview and our local pages:
Carrollton Premises Liability LawyerDecatur Premises Liability LawyerGainesville Premises Liability LawyerJohns Creek Premises Liability LawyerKennesaw Premises Liability LawyerMarietta Premises Liability LawyerNorcross Premises Liability LawyerRome Premises Liability LawyerSavannah Premises Liability LawyerSmyrna Premises Liability LawyerSouth Fulton Premises Liability Lawyer
FAQ
Frequently Asked Questions
Premises liability is the legal principle that property owners and occupiers are responsible for injuries caused by unsafe conditions on their property. Under O.C.G.A. § 51-3-1, property owners who invite others onto their premises must exercise ordinary care to keep the premises safe.
The statute of limitations for premises liability claims in Georgia is generally two years from the date of injury under O.C.G.A. § 9-3-33. If you were hurt on city, county, or state property, a written notice of claim is due much sooner — within six months for a city (O.C.G.A. § 36-33-5) and within 12 months for a county (O.C.G.A. § 36-11-1) or the State (O.C.G.A. § 50-21-26). Do not wait — evidence like surveillance footage is often deleted within days or weeks.
Property owners and their insurance companies routinely try to blame the injured person. Georgia’s comparative negligence law (O.C.G.A. § 51-12-33) allows you to recover damages even if you were partially at fault, as long as your fault is less than 50%. The Gunn Law Group knows how to counter these defense tactics.
Yes. Landlords and property management companies owe tenants a duty of care to maintain common areas — stairwells, parking lots, pools, hallways, and laundry rooms — in safe condition. If a hazardous condition in a common area caused your injury, you may have a premises liability claim.
Negligent security occurs when a property owner fails to provide reasonable security measures — such as adequate lighting, working cameras, security personnel, or controlled access — and someone is injured by a criminal act on the property. Under Georgia’s 2025 negligent security law (O.C.G.A. § 51-3-50 et seq.), you generally must show the owner had a particularized warning or actual knowledge of prior substantially similar crimes on or within 500 yards of the property, that the attacker exploited a specific physical condition of the property the owner knew about, and that the owner failed to use ordinary care. The jury must also assign fault to the attacker.
It depends on the severity of your injuries, your medical expenses, lost income, and the impact on your quality of life. The Gunn Law Group has recovered millions for premises liability victims, including a significant recovery for a paraplegia case. Call 888-BIG-GUNN for a free evaluation.
Absolutely. If you are physically able, photograph the hazardous condition, the surrounding area, any lack of warning signs, and your injuries. Also get contact information for any witnesses. Evidence preservation is critical because property owners may repair the hazard or delete surveillance footage quickly.
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Your consultation is free, and you never pay an attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866).
Other Cases We Handle in Atlanta
- Atlanta Car Accident Lawyer
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- Atlanta Wrongful Death Lawyer
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- Atlanta Slip and Fall Lawyer
- Atlanta Dog Bite Lawyer
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Two Offices Serving All of Georgia
We represent injured people throughout Metro Atlanta and across Georgia, with free consultations by phone, by video or in person. Hablamos español.
Atlanta Office (Buckhead)
950 E. Paces Ferry Rd NE, Suite 1550
Atlanta, GA 30326
Monday–Friday, 9:00 AM – 6:00 PM
Call Buckhead: 770-800-0945Norcross / Gwinnett County Office
5955 Jimmy Carter Blvd, Suite 149
Norcross, GA 30071
Monday–Friday, 9:00 AM – 6:00 PM
Call Norcross: 678-200-0273Attorney advertising. This page is a communication from The Gunn Law Group, 950 E. Paces Ferry Rd NE, Suite 1550, Atlanta, GA 30326. Responsible attorney: Harrell Gunn. The information on this page is general information, not legal advice, and contacting us does not create an attorney-client relationship. Past results and client reviews do not guarantee a similar outcome; every case depends on its own facts. “No fee unless we recover for you” refers only to fees charged by the attorney. Court costs and other additional expenses of legal action usually must be paid by the client. Contingent fees are not permitted in all types of cases. Privacy Policy · Disclaimer · Terms
