Premises Liability Explained: Who’s Responsible After a Fall?

If you recently fell on a slick floor, stumbled over cracked pavement, or lost your footing in a dimly lit area, you may wonder who’s at fault for your injuries.

Under Georgia law, property owners have a legal duty to maintain safe conditions for people lawfully on their premises. When they fail to do so, and someone is hurt, the owner can be held liable under premises liability law. This legal principle is about negligence, including whether the property owner took steps to prevent or fix dangerous conditions that could harm others.

Keep reading this blog to find out who’s responsible after a fall, how to prove negligence, and what our Atlanta premises liability lawyers at Prieto, Marigliano & Prieto, LLC can do to assist with your claim.

What Makes a Property Owner Liable for a Fall?

To hold a property owner responsible, the injured person must show the owner knew, or should have known, about a hazard and didn’t take steps to fix or warn about it. This “knew or should have known” standard is central to determining liability in Georgia premises liability cases.

Examples include:

  • A grocery store that doesn’t clean up a spill within a reasonable time.
  • A shopping center with broken stairs that have gone unrepaired for weeks.
  • An apartment complex with dim lighting in hallways or parking lots.

If the owner or manager was aware, or should have been aware of the hazard through regular inspection and maintenance, and did nothing, they may be held responsible for the resulting injuries.

The Visitor’s Legal Status Matters

Georgia law also considers why the injured person was on the property. Property owners owe different levels of care depending on whether someone is:

Visitor TypeDefinitionOwner’s Duty of Care
InviteeA customer, client, or guest there for the owner’s benefit.Must exercise the highest duty of care; regularly inspect the property and repair or remove hazards to keep the area safe.
LicenseeSomeone visiting for their own purpose, such as a social guest.Must warn of known dangers but isn’t required to inspect for or discover hazards.
TrespasserSomeone unlawfully on the property.Generally, no duty of care is owed, except that the owner must not willfully or wantonly cause harm.

To succeed in a premises liability claim, victims must show they were lawfully on the property and that the hazard presented an unreasonable and preventable danger.

Common Causes of Slip-and-Fall Accidents

Slip and fall injuries can happen anywhere, from restaurants and grocery shops to apartment complexes and office buildings.

Common hazards include:

  • Wet or slippery floors
  • Uneven or cracked sidewalks
  • Torn carpets or loose mats
  • Poor lighting in stairwells or parking areas
  • Hidden obstacles or clutter in walkways
  • Lack of warning signs after cleaning or maintenance

Even private homeowners can be liable if they invite guests and fail to fix or warn them about known hazards, such as a broken step or icy walkway. In most cases, these types of claims are covered by the homeowner’s insurance policy.

How Acting Quickly Protects Your Rights

Time is critical after a fall. Evidence like security footage, accident reports, and witness statements can disappear within days. A freshly mopped floor may dry, or a property owner might fix a broken stair, erasing proof of negligence.

That’s why contacting experienced Atlanta premises liability lawyers as soon as possible is essential.

Your attorney can:

  • Investigate the scene and gather evidence
  • Determine whether the property owner had prior knowledge of the hazard
  • Communicate with insurance companies on your behalf
  • Calculate damages for medical expenses, lost wages, and pain and suffering

At Prieto, Marigliano & Prieto, LLC, we understand how quickly property owners and insurers act to protect themselves after an accident. Our firm moves just as fast to protect your rights and build a strong case for compensation.

Get Help from Experienced Atlanta Premises Liability Lawyers

A fall can leave lasting injuries like broken bones, head trauma, back injuries, or chronic pain. You shouldn’t have to bear the cost if someone else’s negligence caused it. Georgia’s premises liability laws give you the right to pursue compensation, but proving negligence requires prompt and thorough action.

Our Atlanta premises liability lawyers have more than 25 years of experience representing injury victims across Georgia. What makes us different is our dedication to every client. We combine legal knowledge, compassion, and the resources to take on powerful defendants and see your case through to the end. If you’ve been hurt on someone else’s property in Atlanta, contact us for a free consultation. We’ll review your case, explain your options, and hold negligent property owners accountable before crucial evidence disappears.

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