Premises Liability Lawyer in Atlanta

Georgia protects customers, guests, and trespassers differently. Which one you were can decide your entire case.

Premises Liability Overview

The Classification That Decides Your Premises Liability Case Before It Starts

Georgia law sorts every visitor to a property into one of three categories, and each carries a different duty of care. Under O.C.G.A. §§ 51-3-1 through 51-3-3, invitees, people on the property for the owner's business purposes, are owed the highest duty: the owner must inspect for hazards and either fix or warn about them.

Licensees, social guests, and others on the property for their own purposes are owed a lesser duty to be warned of known hazards. Trespassers are generally owed no duty beyond avoiding intentional harm, with one major exception for children and attractive hazards like unsecured pools.

Which category you fall into shapes almost everything else about your claim, from what you have to prove to how much your case may be worth. If you were injured on someone else's property, the premises liability attorneys in Atlanta at Turnbull, Moak & Pendergrass start by establishing exactly what duty the property owner owed you, then build the case around proving they fell short of it.

Why Choose Turnbull, Moak & Pendergrass

Premises liability cases hinge on details that are easy to overlook and easy for a property owner to clean up before you ever call a lawyer.

We Move Fast to Preserve What an Owner Would Rather You Not See

Our premises liability lawyers in Atlanta request incident reports, maintenance logs, and surveillance footage as early as possible, since hazardous conditions have a way of getting fixed the moment an owner realizes someone was hurt.

We Prepare Every Case as Though It's Going to Trial

Property owners and their insurers negotiate differently once they understand a firm is genuinely willing to take a premises case in front of a jury.

What Consistent Preparation Has Produced

Every case is different, but the work behind our results doesn't change: real investigation, honest valuation, and a willingness to try a case that doesn't settle fairly.

Falls Alone Are a Bigger Problem Than Most People Realize

Premises liability cases cover a wide range of hazards, but falls remain among the most common and most serious. According to the CDC, more than one in four adults over 65 experiences a fall every year, and falls sent an estimated 3.85 million people to the emergency room nationwide in a recent year.

That risk doesn't disappear indoors. Retail stores, apartment complexes, and public buildings across Atlanta see a steady stream of fall-related injuries tied to wet floors, uneven surfaces, and poorly maintained walkways.

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The Range of Cases Premises Liability Covers

Slip and Fall Accidents: Wet floors, uneven pavement, and poorly maintained walkways cause some of the most common premises claims, and Georgia law requires owners to address these hazards or warn visitors about them.
Negligent Security: When inadequate lighting, security, or access control lets a preventable crime happen, Georgia's 2025 negligent security law now governs how these claims work. See our dedicated negligent security page for the full framework.
Dog Bites and Animal Attacks: Georgia holds owners liable under a two-path statute covering known vicious propensity and leash ordinance violations. Our dog bite page covers this law in depth.
Swimming Pool Accidents: Governed by Georgia's attractive nuisance doctrine, which imposes real obligations on property owners to secure pools against curious children, even trespassing ones.
Elevator and Escalator Accidents: Property owners must keep this equipment properly maintained and inspected, and mechanical failures often point to deferred maintenance.
Toxic Exposure: Mold, asbestos, and lead paint on a property can cause serious long-term health issues when owners fail to disclose or remediate known hazards.

Why Swimming Pools Get Their Own Legal Rules

Georgia's attractive nuisance doctrine exists because children can't be expected to appreciate the danger of a hazard the way an adult would.

Under this doctrine, a property owner can be liable for a child's injury on their land, even if the child was technically trespassing, when a dangerous condition like an unsecured pool was likely to draw children in.

Courts weigh whether the owner knew or should have known children might wander onto the property, whether the danger was one a child couldn't reasonably recognize, and whether the cost of eliminating the risk, fencing a pool, for example, was minor compared to the danger it posed. Near-drowning incidents involving young children remain a significant share of Georgia pool-related hospitalizations, which is part of why courts continue to take fencing and barrier requirements seriously.

Why Establishing Fault Looks Different in Every Premises Case

Proving a premises liability claim means showing the property owner owed you a duty, breached it, and that the breach caused your injury and actual damages. What changes case to case is how that breach gets proven, since a slip-and-fall claim, a pool drowning, and a defective elevator each require entirely different evidence.

That often means building a timeline of what the owner knew and when, whether through prior incident reports, maintenance records, or inspection logs, before that documentation disappears or gets destroyed in the normal course of business.

Client Testimonials What Our Clients Say

They actually know what they’re doing, and they do it well. Client Injured in Georgia

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This firm has done an outstanding job helping me Client Injured in Alabama

This firm has done an outstanding job helping me with the legal services I needed. They took extremely good care of me and were straight to the point about every par...

Very caring, very professional Client Injured in Alabama

Very caring, very professional and made me feel like I choose the right people for the job. Anytime I call answered my call right away or call back the same day. Great people.

Everyone at the Firm was extremely helpful and understanding Client Injured in Alabama

The Turnbull, Moak & Pendergrass has been recommended to me by my friend and I couldn’t be happier with his choice. Everyone at the Firm was extremely helpful and understanding, checking on m...

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Courteous, Tenacious, Professional and attention to detail Client

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The Turnbull, Moak & Pendergrass has been recommended to me by my friend and I couldn’t be happier with his choice. Everyone at the Firm was extremely helpful and understanding, checking on m...

Very caring very professional and made me feel like I choose the right people for the job. Anytime I call answered my call right away or call back the same day. Great people.

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What Injuries Commonly Result From Premises Accidents

Fractures and broken bones from falls or collapsing structures
Traumatic brain injuries from sudden impact
Spinal cord injuries resulting in chronic pain or long-term disability
Soft tissue injuries, including sprains and torn ligaments
Cuts and lacerations requiring stitches or leaving scarring
Burns or electrical injuries from unsafe wiring or hazardous conditions

Where Premises Liability Claims Most Often Arise

Retail stores and shopping centers see a steady volume of slip-and-fall claims tied to spills and poor maintenance. Apartment complexes and hotels generate their own mix of claims, from inadequate security to pool incidents to structural hazards in common areas. Private residences and public buildings round out the settings where a hazardous condition can turn into a serious injury claim.

Who Can Be Held Liable

Property owners, for failing to maintain a safe environment or address known hazards
Property managers, if they were responsible for overseeing conditions on the owner's behalf
Tenants and leaseholders, if they created or failed to address a hazard within their control
Contractors and subcontractors, for injuries tied to poor construction or faulty repairs
Government entities, for hazards on public property, like poorly maintained sidewalks
Homeowners' associations, for failures in common areas they're responsible for maintaining

Claims against a government entity carry a short ante litem notice deadline, often just six months, far shorter than the standard two-year window for an ordinary claim.

Our Roster of Attorneys The Trial Team Insurance Companies Don’t Want on Your Case

Attorney Brett Turnbull

Attorney Andrew Moak

Attorney Philip Pendergrass

Attorney Ben Brown

Attorney Benjamin A. DuBose

Attorney Brett Hollett

Attorney Bruce Downey

Attorney Doug Dellaccio

Attorney Drew Haskins

Attorney Emily Vechan

Attorney J. Curt Tanner

Attorney Jake Norwood

Attorney JD Lawrence

Attorney Josh Bauer

Attorney Kyle R. Jackson, Sr.

Attorney Will Lattimore

Attorney Zach Peagler

Attorney Nick Mucerino

Attorney Nhan Nguyen, MD, JD, MSF

Attorney Steve Rosen

Consult With Us See All Attorneys

What Compensation May Be Available

Georgia law allows injured visitors to pursue both general and special damages, and premises cases sometimes support punitive damages as well.

Medical Expenses: Hospital stays, surgeries, physical therapy, and medications tied to the injury.
Lost Wages and Earning Capacity: Income missed during recovery and any lasting effect on your ability to work.
Pain and Suffering: Compensation for the physical pain and emotional toll of the injury.
Loss of Enjoyment of Life: Compensation when injuries limit activities and independence you had before.
Punitive Damages: Available in cases involving especially reckless or egregious conduct by a property owner.

What to Do After a Premises Liability Accident

Seek medical attention immediately, even for injuries that seem minor at first.
Report the incident to the property owner or management, and request a copy of the resulting report.
Document the hazard, including photos or video of the condition that caused your injury.
Get witness information from anyone who saw what happened or can confirm the hazardous condition.
Avoid giving a recorded statement to the property's insurer before consulting an attorney.
Contact an attorney promptly, since evidence like surveillance footage often gets overwritten within days.

Common Hazards Behind These Claims

Wet or recently mopped floors without warning signs
Uneven pavement, broken stairs, or damaged flooring
Inadequate lighting in stairwells, parking areas, or walkways
Unsecured pools, construction equipment, or other attractive hazards to children
Faulty or poorly maintained elevators and escalators

Each hazard type calls for different evidence, but all of them come back to the same question: did the property owner know, or should they have known, and did they fail to act?

Frequently Asked Questions Premises Liability Attorneys in Atlanta

Does it matter whether I was an invitee or a licensee when I was hurt?

Yes, significantly. Invitees are owed the highest duty of care, including regular inspections, while licensees are only owed a warning about hazards the owner already knew about. Your classification affects what you need to prove.

What if I were a trespasser when I got hurt?

Generally, property owners owe trespassers very limited duties, but there's a major exception for children and attractive hazards like unsecured pools or construction equipment, even when the child wasn't authorized to be there.

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

Generally, two years from the date of the injury, though claims against a government entity require formal notice much sooner, often within six months, and cases involving a minor may have an extended timeline.

Do I have to pay anything up front?

No. Premises liability cases at Turnbull, Moak & Pendergrass are handled on a contingency fee basis, so there's no cost to get started, and we're only paid if we recover compensation for you.