Slip and falls, broken steps, or dim hallways that hide hazards can turn a normal day into a painful one. Premises liability is the rule that says property owners must keep their places reasonably safe for visitors.

At Morain & Buckelew, LLC, our team has 65+ years of experience standing up for injured people across Georgia. In this article, we walk you through what matters most in these cases, so you know what to show, how to show it, and where to start.

Premises Liability Made Simple

Premises liability holds owners and occupiers responsible when unsafe property conditions cause injuries. The focus is simple: did a hazard exist, did the owner act reasonably, and did that hazard hurt you? Proving those points often centers on everyday issues many of us see but do not expect to cause harm.

Common hazards that can lead to a claim include:

• Wet or slippery floors without warning signs.
• Broken stairs, loose handrails, or uneven flooring.
• Poor lighting in hallways, stairwells, or parking areas.
• Negligent security that allows assaults or thefts to occur.

The goal of this area of law is to help injured visitors recover money for medical care, lost income, and other losses tied to an owner’s careless conduct.

Before we sort out who is responsible, it helps to understand how the law views different kinds of visitors.

Determining Responsibility: The Duty of Care

Responsibility often depends on your status on the property. The law groups visitors into invitees, licensees, and trespassers, and each group is owed a different level of care. Knowing where you fit can shape the entire claim.

Invitee

Invitees are people on the property for business reasons, like shoppers in a store. Owners owe invitees the highest duty, which includes fixing hazards, inspecting the premises, and warning about risks that are not obvious. For example, a store should keep aisles clear and clean up a spill quickly.

Licensee

Licensees are social guests or others on the property with permission, but not for business. Owners must warn licensees about dangers they know of that are not open and obvious. For example, a homeowner should tell guests about a loose step on the porch.

Trespasser

Trespassers enter without permission. Owners generally owe little to them, other than to avoid intentional harm. Children are different: certain rules can apply when an “attractive nuisance,” like an unfenced pool, draws them in.

With visitor status in mind, the next part covers what must be proven to win a premises case.

The Four Essential Elements of a Premises Liability Case

To succeed, you need to show four things: a duty existed, it was breached, you suffered harm, and the breach caused that harm. These four parts work together, and a gap in any one of them can sink a claim. A quick snapshot below can help you see the structure.

Part	What It Means	Proof Examples
Duty	Owner owed you care based on your visitor status.	Receipts, invitations, business records showing you were a customer or guest.
Breach	Owner did not act as a reasonable person would under the same facts.	Photos, maintenance logs, prior complaints, ignored work orders.
Injury	You suffered physical, emotional, or financial harm.	Medical records, bills, wage statements, therapy notes.
Causation	The hazard caused your injury without a break in the chain.	Video footage, witness statements, incident reports, medical opinions.

With the framework set, here is how each part works in real life.

1. Duty of Care

You must show the owner owed you care, which depends on whether you were an invitee, licensee, or trespasser. For shoppers and other invitees, owners must keep the place reasonably safe and look for hazards before they hurt someone. For example, a mall should keep parking lots well lit to reduce trips, falls, and assaults.

2. Breach of Duty

Breach means the owner failed to act reasonably to fix a danger or warn you about it. This often involves proof that the owner knew about the issue, or would have known with reasonable inspections, and did nothing. For example, a landlord who ignores repeated complaints about a broken elevator fails to meet basic care.

3. Injury or Damage

A claim needs real harm, not just a close call. Harm includes medical costs, time missed from work, pain, and the ripple effects that come with recovery. For example, a visitor who breaks a wrist on uneven flooring can claim treatment costs and lost wages.

4. Causation

You must connect the owner’s conduct to your injury in a clear, direct way. This part can be tough, and strong evidence, like surveillance footage or credible witness accounts, often makes the difference. For example, slipping on an unmarked wet floor in a restaurant shows the link when no warning sign was present.

Owners and insurance companies often fight these points, which brings us to the defenses you are likely to hear.

Common Defenses in Premises Liability Claims

Property owners and insurers use recurring arguments to push blame away from the hazard. Knowing them ahead of time helps you plan your response.

• Contributory or Comparative Fault: the visitor was partly at fault, such as looking at a phone instead of the floor.
• Unforeseeable Hazard: the hazard appeared moments before the fall and could not have been prevented.
• Adequate Precautions: the owner had a reasonable inspection schedule, warnings, and repairs in place.

Good evidence can limit these defenses, especially timely photos, incident reports, and witness names with contact info.

Compensation Available in a Premises Liability Case

If a claim succeeds, the law allows recovery for a range of losses tied to the incident. The list below covers common categories.

• Medical expenses, hospital care, imaging, surgery, rehab, and future treatment.
• Lost wages and reduced earning ability if injuries affect long-term work.
• Pain and suffering for physical pain and daily limits that follow.
• Emotional distress, anxiety, sleep issues, or trauma tied to the event.
• Punitive damages in rare cases with extreme misconduct.

Strong documentation, from bills to therapy notes, helps reflect the full scope of your losses.

Why Legal Assistance Is Essential

Premises cases often turn on proof that gets lost fast, like video footage that is overwritten or a spill that is wiped away an hour later. A seasoned legal team can move quickly to send preservation letters, gather records, and interview witnesses while memories are fresh. That speed, paired with knowledge of local rules, can lift your case value in a real way.

We also handle the back and forth with insurers, line up medical support, and build a clear story for settlement or trial. You focus on healing while we handle the heavy lifting.

Achieve the Best Possible Outcome with Morain & Buckelew, LLC

We fight for injured people with compassion and steady attention to detail. Our team cares about your story, your family, and getting you a result that helps you move forward. You are never just a file to us.

If you are hurting after an injury on someone else’s property, let us step in and help. Call 404-448-3146 or reach us through our website for a free, friendly conversation about your options. We welcome your questions, and we are glad to explain the next steps in plain language. Feel free to call us because the sooner we get started, the better we can protect your claim and your peace of mind.