A serious fall can happen in a grocery store, a parking lot, an apartment complex, or any property that was not kept reasonably safe. Georgia premises liability law lets injured visitors hold negligent property owners accountable, but these cases are fact-intensive and insurers fight them hard. Foster James, LLC investigates what caused your fall and pursues full compensation. There is no fee unless we win.
Georgia premises liability basics
Under O.C.G.A. Section 51-3-1, a property owner or occupier owes lawful visitors a duty to exercise ordinary care to keep the premises safe. In a typical slip and fall, you generally must show the owner had actual or constructive knowledge of the hazard and that you did not have equal knowledge of it. Proving what the owner knew, and when, is often the heart of the case.
Common causes of falls
- Wet or recently mopped floors without warning signs
- Spills and debris left in walkways
- Uneven flooring, torn carpet, or broken pavement
- Poor lighting
- Missing handrails or defective stairs
- Ice and weather hazards left unaddressed
Georgia law you should know
- Two-year deadline to file a personal injury lawsuit (O.C.G.A. Section 9-3-33).
- Modified comparative fault (O.C.G.A. Section 51-12-33): you can recover if less than 50% at fault, reduced by your share. Property owners often argue the hazard was open and obvious, which is why evidence matters.
- 2025 tort reform (SB 68) changed how medical bills and damages are presented to juries in injury cases, making experienced representation more important.
Compensation you may recover
Medical expenses, lost wages and earning capacity, pain and suffering, and long-term care costs.
What to do after a fall
- Report the fall to the property owner or manager and ask for a written incident report.
- Get medical attention.
- Photograph the hazard and the scene before it is cleaned up or repaired.
- Get names and contact information for any witnesses.
- Keep the shoes and clothing you were wearing.
- Contact Foster James, LLC.
Why Foster James, LLC
We move quickly to preserve evidence of the hazard, including surveillance footage that owners often overwrite, and we know how these claims are defended. We work on a contingency-fee basis, so you pay nothing unless we recover for you.
Frequently asked questions
Do I have a case if I slipped and fell in a store? Possibly. You generally must show the store knew or should have known about the hazard and you did not. We can evaluate the facts at no cost.
What if I was partly at fault? Georgia’s modified comparative negligence rule lets you recover if you were less than 50% at fault, with your compensation reduced by your share.
How long do I have to file in Georgia? Generally two years from the date of the fall, under O.C.G.A. Section 9-3-33.
What does a premises liability lawyer cost? Nothing up front. Foster James, LLC works on contingency, so you only pay if we win.
Contact a Georgia slip and fall lawyer
Injured in a fall in Atlanta or anywhere in Georgia? Call Foster James, LLC at 855-211-8999 or contact us online for a free consultation. Our office is at 1718 Peachtree St NW, Suite 332, Atlanta, GA 30309.
See our full Georgia personal injury practice. If you were hurt by a crime on unsafe property, our negligent security page may also apply.