If you are visiting this page, chances are you or someone close to you may have been hurt on someone else’s property in Georgia. You might be feeling overwhelmed, unsure of what comes next, and wondering if your case has a real chance. You are not alone, and your concerns are valid. At our firm, we understand how difficult this time can be, and we are here to help guide you through it. When you’re dealing with a premises liability case, it’s common to feel confused about how the legal process works and what you’re up against. One of the most important things to know is that property owners often try to defend themselves from being held responsible. Understanding the common defenses they use is the first step toward protecting your rights.
Understanding Premises Liability In Georgia
Premises liability means that property owners have a duty to keep their land, buildings, or other spaces safe for visitors. If they fail to do that and someone gets hurt, the injured person may be able to take legal action to get help with medical bills, lost paychecks, and other costs. These cases often happen after a fall, a broken stair, a loose handrail, wet floors, poor lighting, or other unsafe conditions. But just because someone was hurt on a property does not always mean the owner will admit fault. In fact, property owners and their insurance companies often fight back with legal defenses to try and avoid paying for injuries.
Blaming The Injured Person
One of the most common defenses used by property owners in Georgia is to blame the person who got hurt. They might say that the injured person was not being careful. For example, they may argue that the person was distracted by a phone, ignored warning signs, or went into an area they were not supposed to enter. Under Georgia law, if the injured person is found to be more at fault than the property owner, they cannot collect money for their injuries. Even if the person is only partly at fault, the amount they receive can be reduced. This is called comparative fault, and it is a defense property owners often try to use to limit how much they owe.
Claiming The Danger Was Open And Obvious
Another defense used often is saying the danger was something anyone could see. Property owners may argue that the risk was so clear that any reasonable person would have noticed it and avoided it. For instance, if someone slips on a puddle in a store, the store may argue that the puddle was big and easy to see. If the court believes that the hazard was open and obvious, the property owner might not be found responsible. But in many cases, what seems obvious to one person may not be obvious to another, especially in places that are dark, crowded, or poorly maintained.
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Saying They Did Not Know About The Hazard
Property owners also try to defend themselves by saying they didn’t know about the unsafe condition that caused the injury. They might say they never saw the broken step, didn’t know about the spill, or had no way to be aware of the danger. In Georgia, to be held responsible, a property owner must have known or should have known about the danger. So this defense tries to show they didn’t have enough time to fix the issue or warn people before the accident happened. But property owners are expected to do regular checks and keep their property safe. Ignoring that duty can still lead to them being held accountable.
Using Lack Of Prior Incidents As A Defense
Sometimes a property owner will say that they’ve never had a problem in that area before. For example, if someone falls in a stairwell, the owner might say no one has ever gotten hurt there before, so it must be safe. They use this to argue that there was no reason for them to know about a danger. While that might sound like a strong point, it does not always hold up. Just because no one else has reported a fall does not mean the condition was not dangerous. Every case is different, and safety should be a constant duty, not something that depends on past accidents.
Saying The Injured Person Was A Trespasser
Another defense that sometimes comes up is the idea that the injured person did not have permission to be on the property. If someone was trespassing or in an area not open to the public, the owner may claim they had no duty to protect them. In Georgia, the duty owed to a visitor depends on why the person was on the property. Owners owe the highest duty of care to customers or invited guests, but less care is owed to trespassers. Still, there are exceptions. If a property owner knows people often cut through their yard or that children are drawn to something dangerous like a pool or old equipment, they may still be responsible for injuries.
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Arguing The Condition Was Temporary
Property owners often claim that the dangerous condition was there only for a short time. This defense is used to argue they didn’t have enough time to notice or fix the problem before someone got hurt. For example, if a customer spills a drink in a grocery store and someone slips moments later, the store might argue that they could not have cleaned it up that fast. But stores and other businesses are expected to have systems in place to check for problems regularly. If they don’t have proper procedures, this defense may not work in their favor.
Using Warning Signs As Protection
In some cases, owners say they put up signs to warn people about a hazard. A wet floor sign is a common example. They may argue that putting up a sign shows they did their part to keep people safe. While a sign can be helpful, it does not automatically remove all responsibility. A sign must be clear, easy to see, and posted in a way that truly warns people. If the warning was too small, placed in the wrong spot, or didn’t stay up, it might not protect the owner from being held responsible.
Arguing There Was No Injury Or That It Was Pre-Existing
Another defense that is used often is to question whether the injury really happened on the property. The owner may argue that the person was already hurt before the accident or that the fall or incident was too minor to cause serious harm. This is a way to cast doubt on the claim and avoid paying medical bills or other costs. Medical records, witness statements, and proof of the timing of injuries are all important in these situations to show that the harm came directly from the unsafe condition.
Trying To Settle Quickly For Less Than You Deserve
It is also common for property owners or their insurance companies to offer a quick settlement to avoid going to court. They may offer money early on, hoping the injured person will accept it before speaking to a lawyer. This is not always done with your best interest in mind. Once you accept a settlement, you usually cannot ask for more money later, even if your injuries turn out to be worse than you thought. That is why it’s so important to know your rights and not rush into an agreement without legal help.
How A Lawyer Can Help You Overcome These Defenses
Going up against property owners and insurance companies can feel like too much to handle alone. They have teams of legal professionals working to protect their side, and they know all the common defenses to use. That is why having someone on your side who understands Georgia law and how to build a strong case is so important. A lawyer can collect the right evidence, find out if the owner really knew about the hazard, and push back against unfair blame. With the right support, you can fight for the full amount of help you need to recover.
If you are facing a premises liability case and need help understanding what to do next, you are not alone. We have worked with many people across Georgia who have been hurt because a property owner failed to keep their space safe. Every case is different, and you deserve someone who will listen to your story and fight to get you the outcome you deserve. The defenses used by property owners are often built to make you doubt your case or feel like you don’t have a chance. But with the right legal guidance, you can feel confident that your side will be heard.
Reach out to the Keenan Law Firm today to talk about your case. We are ready to help you stand up to these defenses and get the justice you deserve. Let us show you what can be done when you have a team that truly cares and knows how to fight back.