Slip, Trip and Fall Injuries in Georgia

Georgia sets the property owner's duty by the visitor's status. An owner or occupier who invites people onto the premises for a lawful purpose (an invitee, such as a customer) is liable for injuries caused by failing to exercise ordinary care in keeping the premises and approaches safe. A licensee (someone allowed on the property only for their own interest or convenience, with no business or contractual relationship) can recover only for willful or wanton injury. A lawful possessor of land owes a trespasser no duty except to refrain from causing willful or wanton injury.

Cities: before suing a city for injury to person or property, the injured person must present a written claim to the city's governing authority within six months of the event, stating the time, place and extent of the injury as nearly as practicable, the negligence that caused it, and the specific amount of money damages sought; it must be served on the mayor or the chair of the city council or commission by personal delivery, certified mail or statutory overnight delivery. The city must consider and act on the claim within 30 days, and the statute of limitations is suspended while the claim is pending without action. Counties: all claims against a county must be presented within 12 months after they accrue (persons under a disability get 12 months after it ends). These sections do not set a damage cap.

Modified comparative fault (50% bar). An injured person's damages are reduced by his or her percentage of fault, but a person who is 50% or more responsible for the injury recovers nothing. Fault is apportioned among all responsible persons, including non-parties in some cases, and each defendant generally pays only its own share.

A lawsuit for injuries to the person must be filed within two years after the right of action accrues. Injuries to reputation have one year, and loss-of-consortium claims have four years.