Understanding Georgia's Time Limits for Premises Liability Claims

The Short Answer: Georgia’s General Two-Year Rule for Injury Claims

For the statute of limitations for filing premises liability claim in Georgia, the general rule is two years from the date of injury. That two-year rule often applies to slip and fall and other unsafe-property injuries. Exceptions exist, and how the deadline applies depends on the facts of your incident, so talk with a lawyer about your own situation.

Premises liability covers injuries caused by unsafe conditions on property someone else owns or controls. A wet store floor with no warning sign, a broken stair, or a hazard in a parking lot are common examples. Whether a particular claim exists is a separate question from the deadline, and it turns on the details of each case.

What a Statute of Limitations Means

A statute of limitations is a legal time limit for filing a lawsuit in court. It sets the last day a person can ask a court to hear a claim. Once that window closes, a court may not allow the case to proceed, though some exceptions can apply.

Many people mix this deadline up with other steps. Telling a store manager about a fall, filing an incident report, or opening an insurance claim can be useful steps. They are not the same as filing a lawsuit. The court deadline runs separately.

Even when a property owner or insurer is talking with you, the court clock keeps its own track. Missing the court deadline can affect whether a lawsuit can move forward. What that means for any one person turns on their specific circumstances and any exceptions.

Where the Two-Year Period Comes From: O.C.G.A. § 9-3-33

The two-year period is referenced in O.C.G.A. § 9-3-33. In plain terms, that section says lawsuits for injuries to a person generally must be brought within two years after the right of action accrues. The same section sets different periods for some other claims, such as certain loss of consortium claims, which have four years.

Premises injury claims are generally treated under this injury rule. The duty owed by owners and occupiers of land under Georgia law is described in O.C.G.A. § 51-3-1. That section says an owner or occupier who invites people onto land must use ordinary care in keeping the premises and approaches safe. Whether that duty was met in your case is a separate question from the deadline. A lawyer can explain how each question applies to your facts.

When the Clock Generally Starts

The two-year period generally runs from the date the right of action accrues. Some cases raise questions about exactly when the right of action began, so the start date is worth discussing with a lawyer.

The start date matters because it anchors the whole timeline. A lawyer can explain how the rules apply to the dates in your case. Keeping clear records can help you talk through timing. Write down the date, time, and place of the incident, and note who was present.

Keep a list of the dates you received medical care, too. These notes simply record what happened and when. They serve as documentation of care, and they do not decide the timing question on their own.

Exceptions That Can Change the Deadline

Several rules can pause or extend the time to file. For a person who was under 18 when the claim accrued, O.C.G.A. § 9-3-90 generally provides the same time after turning 18 that other people receive. The same section addresses people who were legally incompetent because of intellectual disability or mental illness when the claim accrued. They generally receive the same time after the disability is removed.

A further provision, O.C.G.A. § 9-3-99, can pause the period while a criminal prosecution over the same event is pending. That pause cannot exceed six years. Other exceptions may apply.

Claims against government bodies follow different notice rules. For a claim against a city or other municipal corporation, O.C.G.A. § 36-33-5 generally requires that the claim be presented in writing to the governing authority within six months of the event. Claims against the State of Georgia have their own notice rules, described in O.C.G.A. § 50-21-26. That section generally requires written notice within 12 months of when the loss was discovered or should have been discovered.

This list is not complete. Don’t assume an exception fits your case without a review of your own situation.

Related Deadlines Readers Often Ask About

Property damage has its own deadline. That period is separate from the injury deadline, and it may not cover every claim.

Many incidents involve both a damaged vehicle and an injury. Each part of the claim may have its own clock. Wrongful death and nursing home abuse claims can also raise their own timing questions. A lawyer can explain which rules may apply to your situation. Don’t assume one two-year rule covers every type of claim.

Questions to Bring to a Consultation

Organizing a few details before you speak with a lawyer can help build a clear timeline. Useful details include:

• The date and location of the incident
• Who owned or controlled the property
• Whether a city, county, or state entity was involved
• Whether a minor was hurt
• The dates of medical care

Keep copies of any letters or reports you received, and note who sent them. These details help a lawyer map the timeline. They do not predict a result, and you decide what to share and when.

Quick Answers to Common Questions

What is the statute of limitations for filing premises liability claim in Georgia? Georgia generally gives two years from the date of injury, but exceptions exist, and how the rule applies depends on the facts of your case; consult a lawyer about your situation (O.C.G.A. § 9-3-33; Cameron v. JMP Pizza, Inc. (2026)). Ask a lawyer about your own deadline.

Does the deadline pause if the injured person was a minor? Georgia law may give a minor the same time after turning 18 that other people receive. This is not automatic in every case, so ask a lawyer how it applies to you.

Is the property damage deadline the same as the injury deadline? Not always. Property damage claims can follow a different period, so ask a lawyer about each part of your claim.

Talk With Peter F. Jaraysi About Your Timeline

Maybe you’re reading this because someone you love was hurt on another person’s property. Or maybe you’re trying to make sense of a deadline after a fall you didn’t choose. Those are hard questions to face alone. Peter F. Jaraysi is the responsible lawyer for this page. The firm is based in Duluth, Georgia, and serves people across metro Atlanta and Georgia. Our team includes assistants and office staff. Your first consultation is free, confidential, and comes with no obligation to continue. When you’re ready, reach out through our contact page.