Accident investigators photograph and measure a slippery floor hazard inside a commercial property.

Premises Liability in Marietta, GA

Hurt on Someone Else's Property? We're Here to Help You Understand Your Options.

Slam Dunk Attorney represents people injured in slip and falls, negligent security incidents and other unsafe-property accidents across Marietta and metro Atlanta. Your first consultation is free, confidential and comes with no obligation to continue.

By Peter F. Jaraysi · Published October 20, 2026

A premises liability law firm in Marietta helps people hurt on property they do not own or control. Under Georgia law, an owner or occupier can be responsible when it fails to use ordinary care to keep its property safe. Slam Dunk Attorney is based in Duluth, Georgia, and represents injured people across metro Atlanta, including Marietta and Cobb County. This page explains what Georgia law generally requires and what happens after you reach out.

What Premises Liability Means and Who It Covers

Premises liability is the legal responsibility an owner or occupier can have when a dangerous condition injures someone on the property. Georgia law sets a duty of ordinary care. Under O.C.G.A. § 51-3-1, an owner or occupier who invites people onto land for a lawful purpose must use ordinary care in keeping the premises and approaches safe.

Visitors to a property can have different reasons for being there, and those reasons can come up in a premises case.

  • Invitees are customers and others invited for business or another lawful purpose, such as shoppers in a store.
  • Licensees are allowed on the property for their own interests, convenience, or gratification. Under O.C.G.A. § 51-3-2, the owner is liable to a licensee only for willful or wanton injury.

The responsible party may be a store owner, restaurant operator, landlord, property manager, or homeowner. More than one party can share fault. This page is for people hurt at stores, restaurants, apartment complexes, parking lots, offices, and private homes in Marietta and Cobb County.

If a fall, an assault, or an unsafe rental left you hurt in Marietta, we can review what happened and whether you may have a claim. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

A dimly lit underground staircase with minimalist, moody lighting.

Premises Claims We Handle in Marietta and Cobb County

Most premises claims involve a hazard the owner created or should have found and fixed. We handle several types of these claims:

  • Slip and fall and trip and fall injuries from wet floors, uneven walkways, broken stairs, poor lighting, and unmarked hazards.
  • Negligent security cases where weak locks, lighting, or staffing may have contributed to an assault or other crime on the property.
  • Unsafe apartment and rental property injuries, such as broken railings, balcony hazards, and known defects that were never repaired.
  • Short-term rental injuries at Airbnb or VRBO properties where a hazard was not repaired or was not disclosed.
  • Falling objects and collapsed shelving in retail and commercial settings.

The American Society of Safety Professionals describes risk assessment that looks at hazardous floors, stairs, ice, and lighting. If you were hurt at a Marietta location, our Marietta premises liability guide covers local details.

What You Generally Need to Prove Under Georgia Law

A premises claim involves questions about the property, the injury, and how the injury happened. The owner knew or should have known about the hazard. The hazard caused your injury. Injuries can lead to losses such as medical bills, lost income, and pain and suffering.

Knowledge is often the hardest point. Documentation of prior complaints and inspection records can help show what the owner knew.

Georgia also reduces recovery based on the injured person’s share of fault. Under O.C.G.A. § 51-12-33, the fact finder decides the injured person’s percentage of fault, and the damages are reduced in proportion to that percentage. Under the same section, a plaintiff who is 50 percent or more responsible for the injury is not entitled to receive any damages.

Useful evidence includes:

  • Photographs of the hazard and the surrounding area, taken as soon as possible
  • Incident reports and the names of the manager or employees involved
  • Witness names and contact details
  • Requests for surveillance video and maintenance records
  • Medical records that link your injuries to the incident

Deadlines and Evidence: Why Timing Matters

Under O.C.G.A. § 9-3-33, actions for injuries to the person must generally be brought within two years after the right of action accrues, but injuries to reputation must be brought within one year and loss of consortium claims within four years. In most injury cases, that period starts on the date of injury. Some claims follow different timing rules, so an early review helps.

Evidence can disappear quickly. Surveillance video may be overwritten on a set schedule, so early requests matter. Owners often repair a hazard soon after an incident. Photos and written descriptions taken early help show the condition as it was.

Keep these items in one place:

  • Every medical record, bill, and receipt related to the incident
  • Names of anyone who saw the fall or the hazard
  • A short written account of what happened, written while details are fresh
  • Any letters or calls from the property owner or insurance company

How the Process Works, Step by Step

The process starts with a conversation and moves through evidence, investigation, and negotiation. Each case is different, so the path depends on the facts.

  1. Free first consultation. We review what happened, where it happened, and the treatment you have had. The consultation is confidential and carries no obligation to continue.
  2. Evidence preservation. We send written requests for video, incident reports, and maintenance records to the property owner or manager.
  3. Investigation. We look at the hazard, what the owner knew, and the insurance involved. Medical records are gathered as treatment continues.
  4. Claim presentation. We present the claim to the responsible insurer and negotiate based on documented losses.
  5. Lawsuit, if needed. If a fair resolution is not reached, a lawsuit must be filed before the deadline. The case then moves through discovery (the exchange of evidence between the parties), and possibly mediation (a settlement meeting with a neutral helper) or trial.

Timelines vary with the injuries, the insurers, and the court schedule. We explain the likely path for your matter during the consultation.

Why Work With Slam Dunk Attorney for a Marietta Premises Claim

Slam Dunk Attorney is based in Duluth, Georgia. The firm represents injured people across metro Atlanta and throughout Georgia, including Marietta and Cobb County.

The firm’s lawyers include Peter F. Jaraysi and Brian D. Wright. Peter F. Jaraysi is the responsible lawyer for this page.

The firm handles a range of matters, from slip and fall and negligent security claims to catastrophic injuries and wrongful death. One conversation can cover the injury and the type of claim.

Our team handles intake, evidence requests, and scheduling. That lets you focus on your recovery while the claim moves forward. We explain each step in plain language and tell you what we need from you.

Not sure what your next step is?

Talk it through with our team — the first consultation is free, confidential, and carries no obligation.

Fees, Costs, and Your Free Consultation

The first consultation is free, confidential, and carries no obligation to continue. You can review your options before you decide anything.

Court costs and case expenses are separate from the consultation fee. A client may still be responsible for those costs, so ask about them during your first conversation. Bring your questions about how costs are handled.

To make the review specific to you, bring your photos, medical paperwork, incident details, and any letters from insurers.

Frequently Asked Questions About Premises Liability in Marietta

What should I do right after a fall on someone else’s property?

Get medical care, report the incident to the manager, and photograph the hazard. Write down witness names as soon as you can.

Can I still recover if I was partly at fault?

Georgia reduces your recovery by your share of fault under O.C.G.A. § 51-12-33. If you are 50 percent or more at fault, you cannot recover damages (O.C.G.A. § 51-12-33; Quynn v. Hulsey, 310 Ga. 473 (2020)).

How long do I have to file a personal injury claim in Georgia?

Under O.C.G.A. § 9-3-33, most personal injury actions must be brought within two years after the right of action accrues. A consultation can confirm the timing for your claim.

Do I have to prove the owner knew about the hazard?

In most cases, yes.

Does a negligent security claim work the same way?

Negligent security claims have additional requirements under Georgia law, including proof that the criminal act was reasonably foreseeable. The facts of the property and any prior incidents matter.

What does a free consultation involve?

It is a confidential review of what happened, your injuries, and your options. There is no obligation to hire the firm.

A yellow wet floor caution sign stands beside a swimming pool deck.

Call Slam Dunk Attorney About Your Marietta Injury

If you were hurt in a fall, a security failure, or an unsafe rental in Marietta, you may have a claim worth reviewing now, while evidence is still available. Contact Slam Dunk Attorney today to request your free, confidential consultation or call for a free case review, and bring your photos, medical records, and insurer letters.

Responsible lawyer: Peter F. Jaraysi, Slam Dunk Attorney, Duluth, Georgia. Contact the firm at slamdunkattorney.com/contact-us.

Attorney advertising. The information on this page is for general informational purposes only and is not legal advice; reading it does not create an attorney-client relationship with Slam Dunk Attorney. Peter F. Jaraysi is the lawyer responsible for this content. Slam Dunk Attorney, 2250 Satellite Blvd, Ste. 120, Duluth, GA 30097, 678-648-4238.

How Our Team Approaches Premises Liability Cases

Focused on Metro Atlanta

We represent people injured on commercial and residential property in Marietta, Duluth, Kennesaw, Norcross and throughout the Atlanta area.

Careful Review of the Facts

We look closely at how the hazard was created, how long it was there, and what records, photos and witness accounts may show.

Clear, Plain-Language Updates

We explain each step of the process in terms you can follow, so you always know where your case stands.

Respectful of Your Recovery

We understand that an injury affects your health, your work and your family. We take the time to listen before deciding on next steps.

Important: Protect Your Health and the Evidence

Get medical care as soon as possible, even if your injuries seem minor. If it is safe to do so, photograph the hazard and the area around it, and write down the names of any witnesses while your memory is fresh.

Common Premises Liability Situations

Slip and Fall

Wet floors, icy walkways, uneven flooring, loose rugs and spills that were not cleaned up can lead to serious injuries.

Negligent Security

Injuries caused by assaults or crimes on property that lacked reasonable lighting, locks, cameras or security may warrant a review.

Unsafe Property Conditions

Broken stairs, missing handrails, damaged parking lots, collapsing balconies and poor maintenance can cause falls and other harm.

Short-Term and Vacation Rentals

Injuries at rental properties booked through platforms such as Airbnb or VRBO can involve the property owner, manager or host.

Talk With Our Team About Your Premises Liability Questions

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