Georgia’s premises liability law requires property owners to exercise a duty of care to visitors. That means ensuring their property is free from hazards. If you suffered an injury on someone else's property, you could be eligible for compensation for your injury. A premises liability lawyer in Atlanta can investigate the details of your case, identify if the property owner or manager breached his duty of care, and, if so, gather evidence and pursue damages on your behalf.


Ready to get started? Call S. Burke Law for a free consultation at (404) 842-7838. One of our team members can explain how our premises liability lawyers can help you with your case. 


Possible Liable Parties in Your Premises Liability Injury


The owner or manager of a property must keep it reasonably safe from hazards. However, that does not mean property owners are liable for every hazard that emerges. Rather, the law states property owners must take reasonable care to prevent dangerous conditions and, should they become aware of one, take measures to remedy it or warn visitors of its existence.


For your premises liability case to be successful, we must prove four things:

  • There was a hazard or dangerous condition on the property.

  • The property owner or manager knew or should have known about the condition.

  • The property owner failed to remove, protect you from, or warn you of the dangerous condition.

  • The hazard resulted in injury or death.


For instance, if you slipped on spilled milk at the grocery store, we must show that the store did not clean it up in a reasonable time or post clear, visible signage to warn shoppers of the danger. If a customer spilled the gallon of milk and you slipped in it a minute or two later, the store is likely not liable.


One of our premises liability lawyers can take appropriate measures to investigate how the accident occurred, who may be held liable for your injuries and damages, and what kind of damages you might be entitled to collect. They can also review which laws apply to your case. For example, dog bite victims' cases may refer to dog-related statutes about owners' responsibility for their animals. Victims of slip and falls on someone else's property may have to establish whether they were a guest or invitee on the premises.

The Case of Trespassing


Generally, premises liability laws in Georgia exclude trespassers from protection. However, property owners have a duty to protect children from manmade hazards that have the potential to attract and injure them. These hazards, called attractive nuisances, include potentially enticing objects, such as trampolines and swimming pools.


If an attractive nuisance injured your child, we can pursue damages from the property owner if your case meets the following conditions:

  • The owner or manager knew that the property featured an attractive nuisance that might tempt children to trespass onto the property.

  • The owner or manager knew or should have known the hazard had the potential to cause injury or death.

  • The hazard is something that young children, due to their age, cannot reasonably be expected to understand has the potential to harm them.

  • The burden of fixing the hazard or making it inaccessible to trespassing children is minor compared to its potential to cause harm.

  • The property owner or manager failed to fix or remove the hazard or erect barriers to make it inaccessible to children.


The attractive nuisance doctrine only applies to trespassing children; if your child was an invited guest on the property and suffered an injury, we can pursue damages from the property owner under standard Georgia premises liability law.


The Team at S. Burke Law Can Handle All Types of Premises

Premises liability is a broad category of personal injury law covering any instance where a property owner did not exercise reasonable care. Because of that, their negligence led to a victim's injury. 


Types of Premises Liability Cases

Not all premises liability cases involve slips and falls. Other incidents that may warrant filing a premises liability case include:

  • Assault and battery

  • Falling objects

  • Structural defects

  • Swimming pools or ponds

  • Loose or missing stairs

  • Animal attacks

  • Exposed electrical wires


You can seek compensation for your injuries, whether they occurred at a business, such as a grocery store or shopping mall, a public space, such as a park or municipal pool, or a private residence, such as a home or apartment complex. No matter how or where your injury occurred, call the team at S. Burke Law to review your case and for help getting started on your claim.


If you were the victim of an accident that occurred on someone else's property, such as a slip and fall accident or a dog bite attack, call S. Burke Law at (404) 842-7838 to hire one of our Atlanta premises liability attorneys. When you call our firm, you can receive a free consultation to learn what kind of legal services we provide and how we may be able to help you with your case.


Our Team Handles Your Case from Beginning to End


When you come in for a free consultation at S. Burke Law, we first examine the details of your injury and determine the validity of your case. Then, we get to work pursuing compensation on your behalf. To be successful in your case, we must:

  • Identify all parties who are responsible for your injuries

  • Collect available evidence, including photographs, video surveillance, eyewitness statements, and expert witness testimony

  • Review police reports, if applicable

  • Obtain medical records that establish the extent of your injuries and tie them to the incident on the property


If you decide to work with one of our premises liability lawyers, we aim to provide multiple services to help you build your case and guide you throughout the litigation process. Other services we may provide that exemplifies what to expect from the attorney-client relationship include: 

  • Offering a free consultation to prospective clients when they call our law firm: This allows you to know where your case stands and ask the questions you need to ask before committing with our firm. We want you to feel secure in every decision you make.

  • Conducting an investigation to gather more evidence: While our premises liability attorneys will work with the evidence you already have available to you, sometimes that is not enough. If necessary, our team will investigate further how the accident occurred and collect other evidence you might not have access to right away.

  • Communicating on your behalf: Our Atlanta premises liability attorneys are well aware that our clients may be vulnerable to legal tactics by the defendant's team or insurance company. To protect you, we offer to represent you during any instance where a statement by you is requested.

  • Representing you in negotiations or court: You do not have to face negotiations or a trial case on your own. Our team wants to stand by your side and help you fight for the compensation you need.


Your Atlanta Premises Liability Lawyer Can Help You Calculate Your Damages


With the evidence we gather to build your case, our team can begin assessing what kinds of damages you may be entitled to collect compensation for in your claim or lawsuit. Claims and lawsuits differ in what damages victims are allowed to pursue, as premises liability claims are based on what the property owner's insurance policy covers and premises liability lawsuits are based on what is permitted in Georgia law. 


Claims generally cover medical expenses and lost income. However, in premises liability lawsuits, plaintiffs may pursue a wider variety of damages, such as:

  • Medical expenses: If your injuries required extensive medical treatments, you may be covered for these expenses. These costs may also include costs for medications, surgeries, ambulance travel and emergency room treatment, hospital stays, and physical therapy, among other forms of medical care. 

  • Lost wages: If your premises liability injuries forced you to miss work because you were not in a condition to be able to perform your regular work tasks, you may be able to hold the property owner liable for wages you lost during this time. You may also be able to receive compensation for income you expect to lose in the future if you are still healing or if your injuries led to a permanent disability.

  • Reduced future earning capacity: The owner may be held liable for any personal injury that affects your earning potential, whether because you are physically or mentally limited in your ability to perform the same work tasks as you did prior to the premises liability accident.

  • Pain and suffering: Not all injuries are seen. If you are suffering from physical pain or emotional anguish, you may be able to receive compensation for their general loss. Personal injury law does accommodate for damages that might not have a monetary value assigned to them, though there may be a cap on certain non-economic damages. Your premises liability attorney can explain this category of damages to you in more detail.


What Else to Know About Filing an Atlanta Premises Liability Claim

Insurers are a notorious thorn in the side for accident victims, as they have teams of highly-trained adjusters whose job is to find ways to deny or reduce claims. Sheryl Burke is familiar with the kinds of tactics used by insurers because she used to work as an insurance adjuster before opening her Atlanta law practice. 


Insurance companies do not have your best interest at heart. At the end of the day, they are for-profit businesses and are attempting to minimize the amount of compensation they are liable to cover as much as possible. So, when an insurance adjuster reaches out to you, they may scrutinize any statement you make and use your words against you to place fault on you. 


In Georgia, O.C.G.A. § 51-12-33 serves as their modified comparative negligence law, which mandates that plaintiffs who are found partially liable for the accident that caused their injuries may have their compensation award reduced by their percentage of fault. However, as long as the plaintiff is not 50 percent or more at fault, they may recover damages. 


Have Your Atlanta Premises Liability Lawyer Speak for You Instead

Rather than risk having your statements get misconstrued, you can refer insurance adjusters to your premises liability attorney instead and have them handle communications. One of the main legal duties a personal injury lawyer fulfills is to act as your representative, which is not exclusive to presenting your case in trial. Your premises liability lawyer can speak on your behalf during phone calls, negotiation discussions, printed statements, and even during interviews or interrogations. They know your rights, and it is their legal duty to protect you as much as possible during your pursuit of compensation.


A Premises Liability Lawyer in Atlanta Can Represent You

Whether you or a loved one suffered a serious injury from a slip and fall on someone's property or were a victim of a dog bite, you may qualify to file a premises liability claim or lawsuit against the property owner. At S. Burke Law, we handle various types of premises liability claims and lawsuits, so we are confident in our ability to represent you. 


Call us today for a free consultation at (404) 842-7838 and speak with a team member about the different types of damages you may be able to hold the owner liable for as an injured invitee on their premises. We handle cases in Atlanta, Georgia and surrounding areas, so feel free to reach out to us to learn how one of our Atlanta premises liability lawyers can help you with your case. 

The team at S. Burke Law fights for your case with compassion. We would love to put our resources to work on your case and make you our next happy client.