A Guide to Georgia Slip and Fall Claims and Lawsuits

"What do I have to prove for a Georgia slip and fall case?"

If that question or something like it is what brought you here, you're in the right place.

Most slip and fall (and trip and fall) cases are grounded in negligence law. Negligence is simply the failure to act as carefully as required by the circumstances. In a slip and fall case, landowners have a legal duty to make their property reasonably safe for known or foreseeable visitors. But as we'll see, duty is a two-way street. Visitors also must look out for their own safety.

We start with the elements of a Georgia slip and fall claim, focusing most of our attention on the issue of fault—who's legally responsible for your injuries. We'll also touch on the statute of limitations, other defenses the landowner might raise, and more.

The Elements of a Georgia Slip and Fall Case

To prove a Georgia slip and fall or trip and fall claim, you must show that:

• the landowner owed you a duty of care
• the landowner breached, or failed to meet, that duty of care
• you suffered an injury, and
• your injury was caused by the landowner's failure to meet the duty of care.

The first two elements—duty of care and breach of that duty—are what the law calls negligence. In a typical case, legal responsibility comes down to whose negligence caused the accident. Most often, you point the finger at the defendant (the party you're suing), and the defendant turns around and points right back at you.

(Learn more about slip and fall claims on government property, at a business, and at a private residence.)

Who Can Be Responsible for a Slip and Fall Claim?

Anyone who owns or controls real estate can be liable (legally responsible) for a slip and fall injury. Landowners, tenants, contractors, property managers, and easement owners, among others—we'll call them all "owners" or "landowners" for the sake of convenience—must use reasonable care to keep property they own or control safe, especially for visitors who enter the property with permission.

Your lawyer will identify and pursue all potentially responsible parties, provided they have insurance or other assets to cover your damages. In most cases, the defendants will fight among themselves to figure out who has to pay you.

What Is a Duty of Care?

The duty of care is a legal standard—a rule that explains what a landowner should do to make their property safe for visitors. It says to a landowner: "Here are the things you must do to avoid legal responsibility for injuries that happen on your property." It's up to the judge to decide whether a duty of care exists.

In Georgia slip and fall cases, a duty of care arises when:

• there's a dangerous condition on the property, and
• the landowner knows (or in some cases, the landowner should know) about the danger.

Relationships Define the Duty of Care

Under Georgia law, a landowner's duty of care usually depends on the relationship, if any, between the landowner and the visitor. Georgia premises liability law—the legal rules covering (among other things) slip and fall claims—recognizes three categories of visitors: Trespassers, invitees, and licensees.

Trespassers. A trespasser is someone who's on a property without permission, or after permission to be there expired or was revoked.

Duty owed to trespassers. Under Ga. Code § 51-3-3(b) (2024), Georgia landowners are liable to trespassers only for willful or wanton misconduct, meaning intentional acts that ignore a substantial risk of harm or that are meant to cause harm. A landowner who fails to warn known trespassers of dangerous conditions the landowner is aware of commits a willful or wanton act, and can be held responsible for any resulting injuries.

Additionally, Georgia has a special rule for child trespassers. Landowners are legally responsible for injuries caused to children by an attractive nuisance, meaning an artificial (human-made) condition that kids often find irresistible. Examples include things like swimming pools, trampolines, and abandoned vehicles. When a property presents an attractive nuisance and the landowner knows (or should know) that kids trespass there, the landowner must take reasonable steps—fencing the property, for instance—to keep trespassing children safe.

Invitees. An invitee (also known as a "business invitee") enters a property with the owner's permission. Both the invitee and the landowner might benefit from the invitee's presence. But the landowner usually derives a financial or other valuable benefit from an invitee's visit. Retail customers, for example, are invitees. So are patients at a medical building, fans at a football game, and restaurant patrons.

Duty owed to invitees. Landowners owe the highest duty of care to invitees. When an owner has actual or constructive notice (discussed below) of a dangerous condition that's unknown to an invitee, the landowner must exercise ordinary care—meaning reasonable care—care for the invitee's safety. (See Ga. Code § 51-3-1 (2024).)

Ordinary care requires the landowner to either warn of the condition or fix it. In addition, landowners have a duty to inspect their property to discover hazards, and must warn invitees about hidden dangers or take steps to fix those dangers.

A landowner probably isn't responsible for an invitee's injury when the invitee knows of a dangerous condition, either because it's open and obvious (discussed below) or the owner warned of it. But if the landowner knows there's a risk of harm to an invitee even though the danger is obvious, the landowner might still have a duty to act for the invitee's safety.

Licensees. You're a licensee when you come to a property with the owner's permission, but for a purpose that mostly benefits you. Someone who hunts or fishes on land with the owner's permission, for instance, is a licensee. Social guests are licensees, too.

Duty owed to licensees. Ga. Code § 51-3-2(b) (2024) makes Georgia landowners liable for willful or wanton acts that injure a licensee. As with trespassers, an owner who has actual knowledge of a dangerous condition that's not obvious to a licensee must warn them of the danger. A landowner probably isn't responsible for injuries resulting from known or obvious dangers.

Special duty rules. Be on the lookout for special rules that apply in particular circumstances. For example, a landowner who opens their property to recreational users generally doesn't owe a duty of care to recreational visitors unless:

• the owner maliciously or willfully fails to warn users of, or safeguard them from, a known dangerous condition, or
• the owner charges recreational users for their use of the property.

(See Ga. Code §§ 51-3-22, 51-3-25 (2024).)

Dangerous Conditions and Landowner Notice

To prove that a landowner was negligent, you start by showing there was a dangerous condition on the property. Next, you must show that the landowner knew (or in the case of invitees, knew or should have known) about the danger.

Examples of dangerous conditions. Here are some examples of dangerous property conditions:

• uneven surfaces caused, for example, by something like a crack or break in the pavement or walk
• loose or easily movable surface material such as gravel, rocks, or sand
• wet, slushy, snowy, or icy walkways
• stair runs or risers that are larger or smaller than what's typically required by building or safety codes
• torn, frayed, or unsecured carpets or rugs
• accumulations of water, snow, or ice
• foreign substances like liquids, foods, or other slipping or tripping hazards on floors
• aisles or walkways occupied or partially blocked by product displays
• tools or equipment left in aisles or walkways
• products spilled on store aisles
• inadequate lighting
• missing or defective railings, handrails, or guardrails, and
• things hanging from shelves or ceilings.

The landowner knew of the danger. A landowner can't be expected to warn about or fix dangerous conditions when the landowner isn't aware of them. Proving that the landowner had notice of the condition is critical to a slip and fall claim. In most cases, the landowner will deny having had any notice of the danger, or having received notice in time to warn about or fix it before you were hurt.

For invitees and licensees, a landowner's actual knowledge of a dangerous condition will suffice. Unless they created the danger, proving what a landowner actually knew can be difficult. Here are examples of the kinds of evidence you might look for.

• Prior incident reports and complaints, documenting earlier encounters with the condition.
• Maintenance records, showing prior efforts to deal with the condition.
• Inspection reports from government agencies, recording prior infractions or safety violations related to the condition.
• Surveillance photos or videos, to prove how the condition came to be and how long it had existed.
• Testimony from others who saw the dangerous condition, to find out what they saw and what, if anything, they reported to the landowner.
• Emails, text messages, and other communications indicating that the dangerous condition was known to the landowner or its agents.
• Testimony from the landowner and the landowner's agents, to find out what they knew about the condition and when they knew it.
• Expert witness testimony, which can help to establish, for example, how long a substance likely had been on the floor before you fell on it.

When an invitee is injured, the landowner's constructive notice of the danger can be enough. You'll need to rely on the landowner's constructive knowledge of a dangerous condition when—as often will be the case—the landowner denies having actually known of it.

The key to constructive notice is proving how long the dangerous condition existed before it injured you. In terms of landowner responsibility, the longer it was there, the better. Once you have an idea of how long the danger existed, you can argue that had the landowner been reasonably careful, they would have inspected the property, discovered the hazard, and fixed it or warned you about it.

(Learn more about proving fault for slip and fall accidents.)

Landowner Defenses: Shifting the Blame to You

In addition to lack of notice, landowners can raise a number of defenses to a slip and fall claim. Three of the most common are:

• you were partly or completely to blame for your injuries
• the danger was open and obvious, and
• you assumed the risk of a known hazard.

You Were to Blame

If you're injured in a contributory fault state, any negligence on your part—even 1% of the total—defeats your claim entirely. When the accident happens in a comparative fault state, your share of the negligence reduces the damages you can collect. Some comparative fault states, including Georgia, bar you from collecting any damages if you're mostly to blame for what happened.

Georgia is a "modified" comparative negligence state. Under Georgia's "modified" comparative negligence rule, you can recover some damages for your injuries even if you were partly to blame for what happened, as long as your share of the total negligence isn't 50% or more. Up to this 50% limit, your percentage share of the negligence reduces your damages by that amount. But if you're found 50% or more to blame, you can't collect any damages.

Suppose, for example, a Georgia jury finds that you were 30% at fault for your fall, assigning the remaining 70% of the blame to the defendant. Jurors decide your total damages are $200,000. You can collect $140,000: $200,000 x 70%. But if the jury decides you were 50% or more negligent? You get nothing.

(Ga. Code § 51-12-33 (2024).)

What did you do that was negligent? The defendant will leave no stone unturned looking for ways to blame you for the fall. Here are a few of the most common claims.

• You were on a part of the property where visitors aren't allowed, or aren't expected to be.
• You weren't paying attention to where you were walking.
• You were distracted by a child, or your phone, or something else.
• You were wearing footwear that was inappropriate or even unsafe for the situation.
• You were warned of the dangerous condition, or the owner took reasonable steps to protect visitors.
• The dangerous condition was open and obvious.

Open and Obvious Dangers

An open and obvious danger is a condition that's clearly visible and that should be seen by a reasonable person exercising ordinary care for their own safety. Common examples include accumulations of snow or ice, large objects, and darkness. In many states, landowners aren't responsible for injuries caused by open and obvious dangers.

In Georgia, the fact that a dangerous condition is open and obvious isn't an automatic defense to liability. Visitors must take reasonable steps to protect themselves from obvious hazards. If they don't, they can be found comparatively negligent, as discussed above.

But if the landowner should anticipate that a condition still poses a risk of harm despite being obvious—visitors might be distracted and not perceive the danger, for instance, or a visitor might be unable to avoid the hazard even with reasonable care—then the landowner still must take reasonable steps to minimize the likelihood of injury.

You Assumed the Risk

When you voluntarily and knowingly assume the risk of a known danger, injuries resulting from that danger ordinarily aren't the responsibility of the landowner. Classic examples include recreational activities like bungee jumping, base jumping, skydiving, and other high-risk adventures.

Georgia treats assumption of the risk as a factor in deciding on a visitor's comparative negligence. In other words, your assumption of the risk isn't an automatic defense to liability, but it might reduce the landowner's responsibility for your injuries.

The Slip and Fall Statute of Limitations

A "statute of limitations" is a law that limits your time to file a lawsuit in court. For most Georgia slip and fall claims, you have two years from the date you were injured to sue. Additional or different deadlines might apply when:

• you don't discover your injury right away
• you were hurt on government property
• you were legally incompetent (unable to bring a lawsuit for yourself) at the time you were injured, or
• you can't start a lawsuit because the defendant leaves the state.

If you think one of these situations applies to your case or you're not sure how much time you have to file a slip and fall lawsuit, speak to a Georgia personal injury lawyer right away. As a rule, the statute of limitations is a stone-cold claim killer. Miss the filing deadline and, absent an extension that gives you more time to sue, your slip and fall claim is legally dead. You've lost the right to recover damages for your injuries.

(See Ga. Code § 9-3-33 (2024); Ga. Code § 50-21-26(a) (2024); Ga. Code § 9-3-90 (2024); Ga. Code § 9-3-94 (2024).)

Do You Need a Lawyer for Your Slip and Fall Claim?

To answer that question, ask yourself these questions.

• Are the facts simple and mostly uncontested? If so, that's a point in favor of giving it a try on your own. On the other hand, when the facts are complicated or murky or the defendant disputes your version of the story, think about hiring legal counsel. A lawyer can help you find and organize the facts into a coherent, compelling narrative that puts you in the best possible light.
• Are there difficult legal issues involved? Here, we're speaking of legal issues that might sink, or do serious damage to, your case. The statute of limitations is a prime example. So is comparative or contributory negligence, as discussed above. Because comparative negligence is almost guaranteed to be in play in a Georgia slip and fall case, your best bet will be to have legal help in your corner.

The defendant will be represented by an insurance company and its attorneys. It won't be a fair fight unless you have legal counsel, too. Here's how you can find a lawyer who's right for you.

Georgia Slip and Fall FAQ

Here are some other questions you might have about your slip and fall case.

Where Will Your Slip and Fall Lawsuit Be Filed?

Your lawyer will file your case in the superior court, the main trial court where most civil (non-criminal) lawsuits start. The proper "venue," or location for your case, is likely nearest to where the defendant lives or has its main place of business, or where you fell and were injured.

Will Your Case Settle or Will It Go to Trial?

Most personal injury cases settle without a trial. Yours probably will, too, unless the defendant feels confident a jury will find you were to blame, you weren't badly hurt, or your injuries weren't caused by the fall. You should discuss negotiation and settlement strategies with your lawyer.

How Long Will It Take to Resolve Your Case?

That depends. If the facts aren't disputed, it's clear the landowner was to blame, you've gathered the evidence to support your claim, and your injuries and damages are well documented, your case might settle in several weeks to a few months. If it goes to trial, expect the process to take a year or more, and even longer if there's an appeal. A case can settle at any time during trial preparation or trial.

What Kinds of Damages Can You Collect?

If you win your case, you'll recover what the law calls "compensatory damages." These are meant to compensate you for:

• out-of-pocket losses like medical bills, lost wages, and amounts you pay for replacement household services, and
• things that don't come directly out of your pocket, like pain and suffering, emotional distress, and disability.

(Learn more about how insurance companies value injury cases.)

Find Out About Georgia Personal Injury Laws

Your slip and fall claim is a type of personal injury case. You can learn more about the laws we've covered here, as well as other Georgia personal injury laws that might impact your claim.