When property owners fail to keep their premises safe for lawful visitors, they may be liable for accidents and injuries that arise as a result. Slip-and-falls, electrocutions, structural collapses, and other accidents can leave visitors with severe injuries, costly medical bills, and lost income from time missed at work.
If you were hurt while on someone else’s property, do not hesitate to speak with an attorney as soon as possible. You may be entitled to fair compensation for your injuries.
The Roswell premises liability lawyers at Butler Kahn are here to help. For decades, our legal team has worked with injury victims throughout Georgia to secure the accountability and compensation they deserve. We are ready to do the same for you. Contact us today for a free consultation.
If you were injured on someone else’s property in Roswell, Georgia, you may have a premises liability claim. Property owners in Georgia have a legal duty to maintain safe conditions for visitors, and when they fail to do so, injuries often result. Butler Kahn helps people and families in Roswell and throughout North Fulton County pursue compensation after slip-and-fall accidents, inadequate security incidents, swimming pool accidents, and other dangerous property conditions cause serious harm.
What Is Premises Liability?
Under Georgia law, property owners must ensure their premises are safe for lawful visitors. This “duty of care” owed to visitors is at the heart of premises liability law. If a property owner does not satisfy their obligation and a visitor is injured as a result, they may owe the injured party compensation. Premises liability cases frequently cause serious injuries including traumatic brain injuries, spinal cord damage, and broken bones when property owners fail to address known hazards.
The level of care owed by property owners varies depending on their relationship with each visitor to the premises. Georgia law classifies visitors into three categories:
Invitees – Invitees are visitors implicitly or explicitly invited to the property for the owner’s benefit. Visitors to commercial establishments like grocery stores and restaurants are normally classified as invitees. Property owners owe the highest duty of care to invitees, meaning that they must fix any hazards on the premises or ensure that invitees are adequately warned about those hazards.
Licensees – Licensees have permission to visit a property. However, whereas invitees visit for the property owner’s benefit, licensees visit for their own. Examples include house guests at a dinner party and door-to-door salespeople. Property owners owe a lower duty of care to licensees than to invitees. While property owners must warn licensees of known hazards on the premises, a licensee usually cannot claim compensation for hazards the property owner was not aware of.
Trespassers – Trespassers are illegal visitors to someone else’s property. Property owners are only liable for a trespasser’s injuries if they intentionally cause them. For example, if a property owner deliberately sets up a hazard to deter trespassers, injured trespassers will have a valid premises liability claim.
However, Georgia makes an important exception meant to protect young children who are unlikely to understand the inherent dangers of trespassing. A property owner might be liable if a child is enticed onto a property by an “attractive nuisance” and injured as a result. Swimming pools, playground equipment, and construction sites can all qualify as attractive nuisances in Roswell premises liability cases.
Common Accidents in Premises Liability Cases
Accidents that may lead to premises liability are extremely diverse. At the end of the day, each should be evaluated on a case-by-case basis. That said, some of the most common scenarios leading to premises liability include:
Slip-and-fall accidents are among the most common premises liability claims in Roswell. Wet floors at grocery stores along GA 400, uneven pavement at shopping centers on Holcomb Bridge Road, and poorly maintained walkways at apartment complexes throughout North Fulton County frequently cause falls that result in broken bones, head injuries, and other serious harm.
Common Injuries in Premises Liability Cases
Any accident sustained on property belonging to someone other than the victim may lead to premises liability. Premises liability accidents frequently cause injuries ranging from minor to catastrophic, including:
Falls on hard surfaces commonly cause hip fractures in older adults and traumatic brain injuries when victims strike their heads. Even seemingly minor slip-and-fall incidents can result in herniated discs, torn ligaments, and chronic pain that affects a person’s quality of life for years.
On What Properties Would Premises Liability Apply?
The common trait shared by all premises liability accidents is simply that they occur on property that belongs to someone other than the injured victim. Beyond this shared trait, premises liability accidents can happen anywhere. Some of the most common sites of premises liability accidents in the Roswell area include:
Restaurants along Canton Street
Retail stores at Roswell Town Center and North Point Mall
Hotels and resorts
Apartment complexes in Horseshoe Bend and Edenwilde
Condominiums and townhomes
Office buildings along Alpharetta Highway
Hospitals and medical clinics including Wellstar North Fulton
Stairwells and elevators
Swimming pools at private residences and community centers
Construction sites
Parks including Big Creek Greenway, Roswell Area Park, and East Roswell Park
Stadiums and concert venues
Parking lots and garages
Who May Be Liable in a Premises Liability Case?
Whoever owns the property where your accident occurred may be liable for the injuries you sustain, provided they failed to address the underlying hazard that led to the accident. Beyond the property owner, any other parties responsible for the conditions that caused the accident may also be liable.
For example, owners of an apartment complex may be liable for accidents in common areas, whereas apartment tenants may be liable for accidents within their zones of control. Similarly, property management and maintenance companies may also be liable. In some Roswell cases, multiple parties share responsibility—a shopping center owner, a store tenant, and a cleaning contractor might all bear liability for a slip-and-fall caused by a wet floor that went unmarked.
The premises liability lawyers at Butler Kahn are ready to evaluate your case and identify all sources of liability. Call today for a free consultation.
What Compensation is Available Through a Premises Liability Injury Claim in Roswell?
The compensation available through a premises liability lawsuit varies widely depending on the nature and severity of your underlying injuries. Our Georgia premises liability lawyers can help you pursue compensation for:
Medical bills (emergency care, surgery, rehabilitation, ongoing treatment)
Lost wages during recovery
Reduced earning potential if your injuries affect your ability to work
Pain and suffering
Emotional distress
Diminished quality of life
Loss of consortium
Damaged personal property
Funeral and burial costs in wrongful death cases
Georgia law also allows for punitive damages in premises liability cases where the property owner’s conduct was especially reckless or showed a willful disregard for visitor safety. These damages are designed to punish the wrongdoer and deter similar conduct in the future.
Is There a Time Limit for Filing My Premises Liability Lawsuit in Georgia?
Yes. In Georgia, the standard deadline to file a personal injury lawsuit—including most premises liability cases—is two years from the date of the injury. This deadline is strictly enforced. Subject to very few exceptions, your case will be dismissed in court if filed after the deadline. Talk to a lawyer as soon as possible after an accident to avoid having your case barred by the statute of limitations.
How Do You Prove Negligence in a Roswell Premises Liability Case?
To recover compensation in a Georgia premises liability case, you must prove four elements: the property owner owed you a duty of care, they breached that duty, their breach caused your injuries, and you suffered actual damages as a result. The most contested element is usually whether the property owner knew or should have known about the dangerous condition.
Evidence that helps prove premises liability negligence includes:
Photographs and videos of the hazardous condition
Incident reports filed with the property owner or manager
Witness statements from others who saw the dangerous condition
Maintenance records showing the owner knew about the problem
Prior complaints or accident reports involving the same hazard
Surveillance footage from the property
Building code violations or inspection reports
Butler Kahn investigates premises liability cases thoroughly, often working with experts to reconstruct accidents and demonstrate how property owners failed their duty of care to visitors.
Areas We Serve in North Fulton County
Our Roswell premises liability lawyers represent clients injured throughout North Fulton County and the surrounding areas. We handle cases involving accidents at properties in:
Roswell – Including Historic Roswell, Canton Street district, Horseshoe Bend, Edenwilde, Willow Springs, Martin’s Landing, and Riverwalk
Alpharetta – Including Downtown Alpharetta, Windward, and Avalon
Johns Creek – Including Ocee, Medlock Bridge, and State Bridge areas
Milton – Including Crabapple and Birmingham Falls
Sandy Springs – Including Dunwoody, Perimeter, and Hammond areas
Mountain Park
We also serve clients in Cherokee County communities including Woodstock and Canton, as well as Cobb County areas near the GA 400 corridor. Our office is conveniently located on Canton Street in Historic Roswell, just minutes from major roads including GA 400, Holcomb Bridge Road, and Alpharetta Highway.
Frequently Asked Questions About Premises Liability in Roswell
Do I have a premises liability case if I slipped and fell at a store in Roswell?
You may have a case if the store owner knew or should have known about the hazardous condition that caused your fall. Georgia law requires business owners to inspect their premises regularly and fix or warn about dangerous conditions. If a store employee spilled liquid and failed to clean it up or post warning signs, the store may be liable for your injuries.
How long does a premises liability case take to resolve?
Most premises liability cases in Georgia take anywhere from several months to two years or more to resolve. Simple cases with clear liability and moderate injuries may settle in six to twelve months. Complex cases involving severe injuries, disputed liability, or multiple defendants often take longer, especially if the case goes to trial.
What if I was partially at fault for my premises liability accident?
Georgia follows a modified comparative negligence rule. You can still recover compensation as long as you were less than 50 percent at fault for your accident. However, your compensation will be reduced by your percentage of fault. If you were 20 percent at fault and your damages total $100,000, you would recover $80,000.
Should I report my accident to the property owner?
Yes. You should report your accident to the property owner, manager, or an employee immediately after it happens. Ask them to create a written incident report and request a copy. This documentation creates an official record of your accident and can be important evidence in your case.
Can I sue a government entity for a premises liability accident in Roswell?
Yes, but claims against government entities in Georgia have special rules and shorter deadlines. You must provide written notice of your claim before filing a lawsuit, and sovereign immunity may limit recovery in some cases. Contact a lawyer promptly if you were injured on city, county, or state property.
What should I do immediately after a premises liability accident?
Seek medical attention first, even if your injuries seem minor. Document the scene with photographs and videos if possible. Get contact information from any witnesses. Report the accident to the property owner and request a copy of the incident report. Avoid giving recorded statements to insurance adjusters, and contact a premises liability lawyer before accepting any settlement offers.
How much does it cost to hire Butler Kahn for a premises liability case?
Butler Kahn handles premises liability cases on a contingency fee basis. You pay no attorney fees unless we recover compensation for you. There is no charge for an initial consultation to discuss your case.
What is the attractive nuisance doctrine in Georgia?
The attractive nuisance doctrine holds property owners liable for injuries to children caused by dangerous conditions that are likely to attract children who cannot appreciate the risk. Swimming pools, trampolines, and construction equipment are common examples. Property owners must take reasonable steps to prevent children from accessing these hazards.
Can I recover compensation if I was injured at a friend’s house in Roswell?
Yes. Homeowners have a duty to warn guests about known hazards on their property. If your friend knew about a dangerous condition (like a broken step or aggressive dog) and failed to warn you, they may be liable for your injuries. Their homeowner’s insurance typically covers these claims.
What evidence do I need to prove a premises liability claim?
Key evidence includes photographs of the hazardous condition, incident reports, witness statements, your medical records, and any prior complaints about the same hazard. Security camera footage, maintenance logs, and inspection records can also help prove the property owner knew or should have known about the danger.
Can apartment tenants be held liable for premises liability accidents?
Yes. Tenants may be liable for injuries that occur in areas under their control due to hazards they created or failed to address. For example, a tenant who allows ice to accumulate on their private walkway might be liable if a visitor slips and falls. Landlords remain responsible for common areas.
What makes Butler Kahn different from other premises liability lawyers?
Butler Kahn takes fewer cases on purpose so we can do deeper work on each one. We prepare every case as if it’s going to trial, which helps us achieve better results in negotiations. Our firm handles serious injury cases only—we’re not a high-volume practice that treats clients like case numbers.
How do I know if a property owner was negligent?
A property owner may be negligent if they knew about a dangerous condition and failed to fix it or warn visitors, if they should have discovered the hazard through reasonable inspections, or if they created the hazard themselves. Building code violations, prior accidents involving the same hazard, and ignored maintenance requests can all indicate negligence.
What types of businesses are commonly involved in Roswell premises liability cases?
Common defendants in Roswell premises liability cases include grocery stores, restaurants, shopping centers, apartment complexes, hotels, office buildings, gyms and fitness centers, medical facilities, banks, and entertainment venues. Any business that invites the public onto its property owes visitors a high duty of care.
Can I file a premises liability claim if I was injured in a parking lot?
Yes. Property owners must maintain safe conditions in their parking lots, including adequate lighting, proper drainage to prevent ice accumulation, clearly marked lanes and crosswalks, and regular repairs of potholes and uneven surfaces. Parking lot accidents often cause serious injuries, especially when vehicles are involved.
What happens if the property owner’s insurance company contacts me?
Be cautious. Insurance adjusters work for the property owner’s insurance company, not for you. They may try to get you to make statements that hurt your case or accept a quick settlement for less than your claim is worth. You are not required to give a recorded statement, and you should consult a lawyer before signing anything or accepting any offer.
Our Roswell Office
Butler Kahn – Roswell Personal Injury Lawyers
1255 Canton St, Unit E
Roswell, GA 30075
Phone: (770) 766-1056
Our Roswell office is located in Historic Roswell on Canton Street, near Roswell City Hall and the Roswell Town Center. Free parking is available. We serve clients throughout North Fulton County including Alpharetta, Johns Creek, Milton, Sandy Springs, and Mountain Park, as well as Cherokee County and Cobb County communities along the GA 400 corridor.
Contact a Roswell Premises Liability Lawyer Today
If you or a loved one has been hurt in a premises accident in Roswell or anywhere in North Fulton County, we hope you are receiving the medical care you need and are making a recovery. We hope the information on this page has been helpful. If you’d like to talk with us about your situation, call (770) 766-1056 or contact us online. There is no charge to talk with us about your case, and you pay no fee unless we recover compensation for you.
Butler Kahn also helps people injured in premises liability accidents at our other Georgia offices in Atlanta, Lawrenceville, and Jonesboro.
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