The Property Owner's Duty
Under O.C.G.A. § 51-3-1, Georgia property owners owe a duty to keep their premises reasonably safe for lawful visitors. When they fail — a wet floor with no warning, a broken stair, poor lighting — and someone is hurt, they may be liable.
Notice of the Hazard
The key question is usually whether the owner knew or should have known about the hazard and had a reasonable chance to fix it. A puddle that sat for hours is very different from one that appeared moments before the fall.
Comparative Negligence Traps
Georgia's comparative-negligence rule looms large in these cases. Insurers argue the hazard was 'open and obvious' or that you weren't watching where you were going, trying to push your fault toward the 50% bar.
What to Do After a Fall
Documenting the scene immediately — photos of the hazard, the lighting, any warning signs (or lack of them) — and reporting the fall to the property manager are critical first steps.
Get a Free Georgia Case Review
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This article is general information about Georgia law, not legal advice for your specific situation. For advice about your case, speak with a licensed Georgia attorney.