Premises Liability Lawyers

Premises liability is the area of law that holds property owners and occupiers responsible for injuries caused by dangerous conditions on their property. When a property owner knows about a hazard (or should have known about it through reasonable inspection) and fails to fix it or warn visitors, they can be held legally liable for resulting injuries. Premises liability applies to commercial properties, private homes, government buildings, and any other property open to visitors.

Under Georgia law (O.C.G.A. § 51-3-1), you must prove: (1) the property owner or occupier had actual or constructive knowledge of the hazardous condition; (2) you did not have equal knowledge of the hazard; and (3) the owner failed to exercise ordinary care to either correct the hazard or warn you about it. For non-static conditions (spills, debris, temporary hazards), you must show the owner had reasonable time to discover and address the hazard before your injury occurred.

South Carolina premises liability is based on general negligence principles rather than a specific statute. Property owners owe a duty to invitees (customers, guests) to maintain safe premises and warn of known dangers. South Carolina also recognizes the distinction between invitees, licensees, and trespassers, with the highest duty of care owed to invitees. The comparative fault threshold in South Carolina is 51% (compared to Georgia's 50%), meaning you can recover damages if you are 50% or less at fault.

In Georgia, the statute of limitations is 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). It is critical to act quickly because evidence of hazardous conditions — surveillance footage, incident reports, witness memories — deteriorates rapidly. Many commercial properties overwrite security camera footage within 30 to 90 days.

Retail stores owe the highest duty of care to customers (invitees). If you slipped on a spill, wet floor, fallen merchandise, or other hazard, the store may be liable if it knew about the condition or if the hazard existed long enough that the store should have discovered it through reasonable inspection. Evidence of how long the hazard was present, whether warning signs were posted, and the store's inspection schedule are all critical to your claim.

Yes. Landlords have a duty to maintain common areas (stairwells, hallways, parking lots, laundry rooms) in reasonably safe condition and to make repairs to individual units that affect habitability and safety. If your injury was caused by a hazard the landlord knew about — such as broken stairs, inadequate lighting, faulty wiring, or security failures — you may have a premises liability claim. Georgia and South Carolina both hold landlords to this standard.

Negligent security is a subset of premises liability where a property owner's failure to provide adequate security measures leads to a foreseeable criminal act — such as an assault, robbery, or sexual assault — on their property. To establish negligent security, you typically must show that the property had a history of similar criminal activity, the owner knew or should have known of the risk, and the owner failed to implement reasonable security measures such as lighting, cameras, security guards, or access control.

Both Georgia and South Carolina apply comparative fault principles to premises liability cases. In Georgia, you can recover damages as long as you are less than 50% at fault (O.C.G.A. § 51-12-33), with your recovery reduced by your percentage of fault. In South Carolina, you can recover if you are 50% or less at fault (Nelson v. Concrete Supply Co.). Property owners commonly argue that the visitor should have noticed the hazard — our attorneys counter these defenses by demonstrating that the hazard was not open and obvious or that the owner's negligence created an unreasonable risk.

Premises liability victims may recover: medical expenses (emergency care, surgery, rehabilitation, future treatment), lost wages and future lost earning capacity, pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, and property damage. In cases involving willful or wanton disregard for safety, punitive damages may also be awarded. The value of your claim depends on the severity of your injuries and the strength of the evidence.

At Roden Law, we handle premises liability cases on a contingency fee basis — you pay nothing upfront and owe no attorney fees unless we recover compensation for you. We typically advance investigation costs, including obtaining surveillance footage, hiring safety experts, and documenting the hazardous condition. We provide free, confidential consultations to evaluate your case and determine the best legal strategy.