Your 7-Step Guide to a Premises Liability Claim

 

Suffering an injury in a Georgia store, restaurant, or business is often a shocking and painful experience. When that injury results from an unsafe condition, such as a spill, a broken railing, or poor lighting, you may have grounds for a premises liability claim under Georgia law.

Property owners have a clear legal duty to keep their spaces safe for visitors. Knowing your rights and taking the right steps immediately after an injury can make a major difference in protecting your health and your potential claim for compensation.

 

 

Part 1: The Critical Steps to Take After an Injury

 

The choices you make in the minutes and days following an accident are crucial for both your well-being and your ability to hold the business accountable.

 

1. Prioritize Immediate Medical Attention

Your health comes first. Even if you think you are fine, some injuries such as concussions, internal bleeding, or soft-tissue damage may take hours or days to surface.

• Seek Care Right Away: Visit a hospital, urgent care clinic, or your primary care doctor as soon as possible. This creates a medical record directly connecting your injuries to the incident.
  
  
• Keep Everything: Save every medical document such as doctor notes, test results, imaging, and receipts. These records will be critical in any future claim.
  
  

2. Document the Scene and Hazard

Evidence in a store or restaurant can vanish fast. Cleaning crews, staff rotations, or even customers can erase proof within minutes.

• Take Photos and Videos: Capture the hazard from multiple angles, both close-ups and wider shots showing the area, lighting, and any lack of warning signs.
  
  
• Identify Witnesses: Get the names and contact information of anyone who saw what happened. Independent witnesses can make a powerful difference in your case.
  
  

3. Report the Incident to the Manager

Creating an official record of what occurred helps protect your claim.

• Find the Person in Charge: Report the accident to the manager or owner on site.
  
  
• Ask for an Incident Report: Request a written report and a copy for your records. If they refuse, note the manager’s name, job title, and the date and time.
  
  
• Stay Factual: Describe exactly what happened without apologizing or speculating about fault.
  
  

4. Preserve Key Physical Evidence

• Do Not Wash or Discard Items: Keep your clothes and shoes in a clean plastic bag. They may contain residue or markings that show what caused your fall.
  
  

Part 2: Georgia Premises Liability Law and Your Rights

 

A claim against a business for an unsafe condition falls under Georgia Premises Liability Law.

 

5. Understand the Duty of Care

Under Georgia law, customers are considered invitees, meaning the highest duty of care applies.

O.C.G.A. § 51-3-1: Duty of owner or occupier of land to invitee
“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.”
(Source: Justia’s Georgia Code)

To recover damages, your attorney must show that the business knew or should have known about the dangerous condition and failed to fix or warn about it.

 

6. Georgia’s Comparative Negligence Rule

Georgia uses a Modified Comparative Negligence standard.

• Shared Fault Affects Recovery: If you are found partly responsible for the incident, your compensation will be reduced by that percentage.
  
  
• The 50 Percent Bar Rule: If you are 50 percent or more at fault, you cannot recover damages.

(Source: Justia’s Georgia Code on Damages)

 

7. Time Limits on Filing a Claim

Under Georgia law, there is a strict deadline to file your case.

O.C.G.A. § 9-3-33: Injuries to the person
“Actions for injuries to the person shall be brought within two years after the right of action accrues…”
(Source: Justia’s Georgia Code)

• Typical Deadline: Two years from the date of the injury.
  
  
• Government Property: If your injury occurred on government-owned property, the notice period may be as short as six months.
  
  

Protect Your Rights After a Slip or Trip Injury in Georgia

 

The most important step you can take after getting medical care is to contact a qualified personal injury attorney who understands Georgia’s premises liability laws.

 

Avoid Insurance Pitfalls: Insurance companies often reach out quickly after an incident, asking for a recorded statement or offering a small settlement. These early calls are designed to protect their interests, not yours. Politely decline to give a statement and avoid signing any documents without legal advice.

 

 

At Meeks Impact Law, we help clients across Georgia hold negligent businesses accountable. Our team acts fast to protect your claim, including issuing spoliation letters that require the business to preserve key evidence such as security footage, inspection logs, and maintenance records.

 

 

From the moment you call, we focus on helping you heal while we handle the rest. If you were hurt because a business failed to keep its property safe, you deserve answers and a team that will fight for you.

Call Meeks Impact Law today or fill out our online contact form for a free consultation. We are here to protect Georgia families, one case at a time.