Georgia law requires that homeowners and commercial entities exercise reasonable care to keep their property reasonably safe for any “invitee.” 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.”

To prevail on a premise liability claim, there are four elements needed to prove negligence:

• Duty. In Georgia, property owners have a duty to keep their premises safe. However, this duty varies considerably and property owners have different level of legal requirements for keeping their premises safe. 
• Breach of that duty.  This obligates people who own, possess, or control property to exercise a reasonable duty to keep their property in a reasonably safe condition or warn guests and visitors of any dangerous or hazardous conditions. 
• The breach of duty resulted in injury.  It must be established that the breach of duty owed is the cause of the injury.  Georgia is a comparative negligence state which means the law considers the conduct of all parties to determine negligence, including the injured person, when awarding damages.
• The injury caused damages. The injured party must also be able to prove that his or her injury resulted in actual damages. 

Some of the most common types of premises liability cases include but not limited to the following:

• Slip and Fall
• Tripping accidents
• Escalator/Elevator Accident 
• Inadequate Fire Safety 
• Injury caused by a dog or other animals kept on the premises 
• Attractive nuisance: Swimming pool, manmade ponds/fountains, play equipment  
• Construction-related accidents
• Accidents involving roads, uneven sidewalks, or parking lot defects
• Injuries resulting from physical or sexual assault and negligent security
• Accidents resulting from hazardous rental property conditions 
• Unstable floors, walls, or roofs in buildings
• False Imprisonment 
• Any hazards that violate property building codes

Damages in a Georgia premises liability lawsuit can include:

• Medical expenses 
• Physical therapy
• Scarring or disfigurement
• Lost wages/earning capacity 
• Pain and suffering