LEGALLY REVIEWED BY:
Stephen R. Hasner
Managing Partner at Hasner Law PC
July 11, 2025

If you’ve been hurt on someone else’s property, an experienced Atlanta premises liability lawyer can help you pursue justice and financial recovery. According to the National Safety Council, In 2022, more than 8.5 million people were treated in emergency rooms for fall-related injuries. When a fall occurs because a property owner failed to keep their premises safe, they often turn to their insurance company to avoid responsibility.

At Hasner Law PC, we focus on proving that your injuries happened because the property owner didn’t take proper care to keep the area safe. Call 678-888-HURT (4878) today for a free consultation to discuss your case and how we may be able to help.

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Atlanta Premises Liability Guide

How an Atlanta Premises Liability Lawyer at Hasner Law Can Help

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If you’re injured on someone else’s property, it’s important to act quickly. The property owner may ask you to complete a report, and their insurance adjuster might call to gather details. While they may seem helpful, their focus is protecting the company. At Hasner Law, our focus is protecting you.

An Atlanta premises liability lawyer from our team steps in right away. We notify the property owner to preserve critical evidence, including surveillance footage that may be deleted within days. We also request cleaning logs, maintenance records, and internal reports that may show a pattern of unsafe conditions.

Our attorneys manage all communication with the insurance company so you don’t have to. We investigate every part of your case, from lighting and flooring to building code compliance. With more than 80 years of combined experience, our Atlanta injury lawyers know how to hold negligent property owners accountable.

Common Property Hazards That Lead to Premises Liability Claims in Atlanta

Where Do Premises Liability Accidents Happen in Atlanta?

Dangerous conditions can exist anywhere, but certain types of properties in a bustling city like Atlanta see a higher frequency of injury-causing incidents. Our firm has experience handling claims against a wide variety of commercial and residential property owners.

These locations include retail and grocery stores across Fulton and DeKalb counties, where spills and fallen merchandise create constant hazards. We handle cases arising from injuries at large shopping centers like Lenox Square and Phipps Plaza, as well as in the parking lots and common areas of apartment complexes throughout the metro area.

Injuries also occur at hotels, restaurants, sports venues like State Farm Arena, and even on public property, such as a poorly maintained MARTA station or a cracked city sidewalk.

Serious Injuries Caused by Unsafe Property Conditions

Because these accidents can happen in so many ways, the resulting injuries vary widely in type and severity. A seemingly minor fall can have lifelong consequences. We represent clients who have suffered a range of serious injuries that require extensive medical care and impact their ability to work and enjoy life.

Common injuries include bone fractures, particularly of the hip, wrist, and ankle, which often require surgery and lengthy rehabilitation. Head injuries are also frequent, ranging from concussions to severe traumatic brain injuries (TBIs) that might result in permanent cognitive or physical impairment. 

Damage to the back and spinal cord can lead to herniated discs, chronic pain, or even paralysis. Deep lacerations or burns can also occur, leading to scarring and disfigurement. The potential for such serious harm is why holding negligent property owners accountable is so important.

How to Prove Negligence in a Georgia Premises Liability Lawsuit

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Suffering an injury on someone else’s property does not automatically mean you have a valid legal claim. Under Georgia law, you must prove that the property owner was negligent. This requirement is explained in the Official Code of Georgia, O.C.G.A. § 51-3-1.

The statute holds property owners responsible when they invite others onto their premises for a lawful purpose and fail to use ordinary care to keep the property and its approaches safe. To move forward with a successful claim, your Atlanta premises liability lawyer must establish four key elements:

  • Duty: The property owner had a legal obligation to maintain a safe environment.
  • Breach: That duty was violated when the owner created or failed to correct a dangerous condition.
  • Causation: The unsafe condition directly led to your injury.
  • Damages: You suffered measurable harm, such as medical expenses, lost wages, or other losses.

Proving that the owner breached their duty is often the most challenging part of a premises liability case. Whether your injury happened in Fulton County or another part of Georgia, working with an experienced attorney gives you the support needed to build a strong claim.

Visitor Status and Property Owner Responsibility Under Georgia Law

In Georgia, the type of visitor you are determines the level of responsibility a property owner has for your safety. This legal classification plays a major role in whether you can recover compensation after an injury. An experienced Atlanta premises liability attorney can help determine your visitor status and explain how it affects your case.

Types of Visitors and Property Owner Responsibilities

Invitees

Invitees are people on the property for a mutual benefit, often for business reasons. This includes shoppers at Lenox Square, restaurant patrons, or fans attending a sports event. 

Property owners owe invitees the highest duty of care. They must not only warn about known hazards but also inspect the property regularly to find and correct any unsafe conditions.

Licensees

Licensees are visitors who enter the property for their own purposes, with the owner’s permission but not for business. A typical example is a guest at a private home.

Property owners must warn licensees about any known dangers that are not obvious, but they are not required to inspect the property for hidden hazards.

Trespassers

Trespassers enter a property without permission. Property owners owe them the lowest level of care. They cannot intentionally cause harm, but they generally do not have to warn about or fix dangerous conditions.

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Can a Property Owner Be Liable for a Child’s Injury in Georgia?

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In Georgia, personal injury claims involving children follow different legal considerations. Because children may not fully understand or recognize certain dangers, property owners can be held to a greater level of responsibility for keeping their premises safe. This heightened duty is outlined in a legal concept known as the attractive nuisance doctrine.

If a property contains something that is likely to draw the attention of children, such as an unfenced pool, a trampoline, or old construction equipment, the owner may have a legal obligation to take reasonable precautions to prevent injuries. Even if a child enters the property without permission, the owner can still be held liable if they failed to secure or remove the hazard.

At Hasner Law, we take these cases seriously because protecting children from preventable injuries is a core value of our practice. For more information on child safety and injury prevention, resources are available through organizations like the CDC’s child injury prevention program.

What Is ‘Superior Knowledge’ in Georgia Slip and Fall Cases?

To win a premises liability case in Georgia, your attorney must show that the property owner had greater knowledge of the hazard than you did. This concept is known as superior knowledge and is one of the most important factors in your case.

Actual knowledge means the owner or an employee was aware of the hazard but failed to correct it. For example, if a store worker sees a spill and does nothing to clean it up or warn customers, that can support a strong claim.

Constructive knowledge means the hazard existed for such a long time that the owner should have discovered it through reasonable care. A puddle that appeared moments before a fall may not qualify, but debris that remained on the floor for hours likely would. Proving how long a hazard was present often requires careful investigation and evidence gathering.

At the same time, the property owner will likely argue that the danger was clear and could have been avoided. They may claim it was open and obvious in an effort to shift fault to you. 

This is why it is important to have an experienced premises liability attorney in Atlanta who can demonstrate that the hazard was not clearly visible and that you were acting with reasonable care when the injury occurred.

Why Injured Clients Trust Hasner Law with Premises Liability Claims

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After an injury, choosing the right law firm is one of the most important decisions you can make. You need a team with the experience to handle complex legal issues, the determination to fight for compensation, and the compassion to treat you with respect throughout the process. At Hasner Law, we have built our reputation on client-focused service and strong legal advocacy.

Our attorneys bring more than 80 years of combined experience to every case. We know how Georgia’s premises liability laws work, and we use that knowledge to stand up for our clients against property owners and insurance companies. Over the years, we have recovered more than $1 billion for injury victims, reflecting our commitment to securing the best possible results.

We handle premises liability cases on a contingency fee basis, which means there are no upfront costs. You only pay if we recover compensation for you. Your initial consultation is always free and confidential. During this meeting, we will listen carefully to your story, answer your questions, and give you a clear and honest assessment of your legal options.

If you were injured on someone else’s property, speaking with an experienced Atlanta premises liability lawyer at Hasner Law can be the first step toward protecting your rights.

FAQs for Atlanta Premises Liability Lawyers

How long do I have to file a premises liability lawsuit in Georgia?

In most cases, you have two years from the date of the injury to file a premises liability lawsuit, as outlined in O.C.G.A. § 9-3-33. If your claim involves a government agency, the deadline to provide notice can be much shorter. 

Taking prompt action is important, especially because the financial consequences of a serious fall can be substantial, as recognized by the CDC. Reaching out to a lawyer early on can make a meaningful difference in protecting your rights and building a strong case.

The property owner says the accident was my fault. Can I still have a case?

Yes. Property owners and insurance companies often try to shift blame onto the injured person. Georgia follows a modified comparative negligence rule, which means you may still recover compensation if you were less than 50 percent at fault. 

However, your compensation would be reduced in proportion to your share of fault. A key part of your Atlanta premises liability lawyer’s job is to push back against these tactics and prove the property owner’s responsibility.

What should I do right after a slip and fall accident?

If you can do so safely, notify the property owner or manager immediately after the incident. Try to take clear photos or video of the exact condition that caused your fall before it is altered or cleaned up. If anyone witnessed the incident, ask for their names and contact information.

Even if your injuries seem minor, seek medical attention as soon as possible. Prompt treatment not only protects your health but also creates a medical record that may be important for supporting your legal claim.

Should I give a recorded statement to the store’s insurance company?

No. You are not required to give a recorded statement, and doing so can work against you. Insurance adjusters are trained to ask questions that may lead you to say something that weakens your case. The best response is to politely decline and explain that your attorney will handle all communication going forward.

What is my premises liability case worth?

No attorney can give you an exact number at the start. The value of your case depends on several factors, including the cost of your medical care, any time you missed from work, whether your injuries are long-term, and how clearly the property owner’s negligence can be proven.

At Hasner Law, we work to build a case that reflects the full value of your losses and fights for the compensation you need to recover.

Talk to a Trusted Atlanta Premises Liability Attorney Today

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When you enter a store, apartment complex, or parking garage, you have every right to expect the property to be reasonably safe. Unfortunately, some property owners neglect basic safety measures, putting visitors at unnecessary risk. When that happens, their insurance companies often focus more on minimizing payouts than on addressing the harm that was done.

At Hasner Law, we focus on building a strong case that accurately reflects the extent of your losses and pursues the compensation you may need to move forward. If you or a loved one has been hurt because of dangerous conditions on another’s property, contact our Atlanta office at 678-888-HURT (4878) for a free and confidential consultation with an Atlanta personal injury lawyer. Our team is here to listen, advise, and stand by your side every step of the way.

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Hasner Law: Atlanta Injury & Workers’ Compensation Attorneys

2839 Paces Ferry Rd SE #1050
Atlanta, GA 30339
P: (678) 888-4878

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Managing Partner at Hasner Law PC
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Stephen Hasner is the founder and managing partner of Hasner Law PC. Since being licensed in Florida in 1997 and in Georgia in 1999, Stephen has worked tirelessly to help Georgia residents navigate the legal process following a serious injury. This includes injuries sustained at work, in motor vehicle accidents, and in cases of personal injury. The team at Hasner Law is dedicated to securing compensation for their clients who have been injured through no fault of their own.