Premises Liability
Hurt on someone else's property? We hold negligent owners accountable for unsafe conditions and inadequate security.
Free Case ReviewPremises liability cases hinge on the status of the injured party (invitee, licensee, or trespasser under each state’s classification framework), the property owner’s actual or constructive knowledge of the hazard, and the applicable comparative-fault rule. Louisiana, Alabama, and Georgia apply meaningfully different standards. Our firm handles slip-and-fall, negligent-security, unsafe-property, swimming-pool, and dog-bite cases across all three states. Free case review; contingency-based representation.
The premises liability cases we handle
- Slip and fall accidents — wet floors, spilled liquids, uneven surfaces, torn carpet, ice and snow.
- Inadequate security — foreseeable criminal acts on the property (assault, robbery, sexual assault) that reasonable security would have prevented.
- Negligent maintenance — broken stairs, malfunctioning elevators, faulty railings, structural failures.
- Swimming pool accidents — drowning, near-drowning, and diving injuries at hotels, apartments, and private facilities.
- Dog bites and animal attacks — state statutes and common-law “one bite” rules vary meaningfully.
How Louisiana, Alabama, and Georgia premises law differs
| Louisiana | Alabama | Georgia | |
|---|---|---|---|
| Slip-and-fall standard | La. R.S. 9:2800.6 — specific “actual or constructive notice” statute with heightened burden on plaintiff to prove notice and lack of reasonable care | Invitee-owed reasonable care; plaintiff must prove notice and open-and-obvious defense frequently invoked | O.C.G.A. §51-3-1 (invitee — ordinary care); §51-3-2 (licensee — willful/wanton only); superior-knowledge test in slip-and-fall cases |
| Visitor classification | Louisiana has abandoned the traditional invitee/licensee/trespasser distinctions in favor of ordinary-negligence duty (La. C.C. art. 2315) | Retains traditional invitee / licensee / trespasser classifications with different duties | Retains traditional invitee / licensee / trespasser classifications |
| Comparative fault | Pure comparative (La. C.C. art. 2323) | Pure contributory (Williams v. Delta Int’l) — 1% bars entirely | Modified 50% bar (§51-12-33) with apportionment |
| Dog-bite rule | La. C.C. art. 2321 — strict liability for animal owner where injured party proves owner “could have prevented” the injury and injury did not result from injured party’s provocation | “One bite” rule — plaintiff typically must prove owner knew of dog’s dangerous propensity | O.C.G.A. §51-2-7 — strict liability if animal at large or known dangerous propensity |
| Statute of limitations | 2 years post-July 2024 (art. 3493.1) | 2 years (§6-2-38) | 2 years (§9-3-33) |
The three states’ rules produce dramatically different outcomes on identical facts. A slip-and-fall in a Louisiana grocery store is analyzed under R.S. 9:2800.6’s notice/reasonable-care framework. The same fall in Alabama is analyzed under the invitee-status framework with pure contributory negligence as the case-defining doctrine. The same fall in Georgia is analyzed under the superior-knowledge test with a 50% comparative-fault bar.
Negligent security — the highest-value premises category
Negligent-security cases arise when a property owner fails to take reasonable security measures against foreseeable criminal conduct on the property, and a plaintiff is injured as a result. Common contexts include apartment complexes, hotels, parking lots, retail centers, and hospitality venues.
The case turns on foreseeability — did the owner know or should have known that criminal conduct of the type that injured the plaintiff was likely to occur? Foreseeability evidence typically includes:
- Prior criminal incidents on the property or in the immediate vicinity.
- Local crime statistics for the block, zip code, or area.
- Warnings from law enforcement to the property owner.
- Complaints from tenants or customers about unsafe conditions.
- Industry-standard security practices for the property type.
Negligent-security cases frequently involve catastrophic injuries — sexual assault, gunshot wounds, aggravated assault — and coverage under commercial general liability policies with substantial limits.
Evidence to preserve
- Photograph the hazard — before the property owner can repair, clean, or remove it. Cell-phone metadata anchors evidence in time.
- Get the incident report — request in writing; do not rely on a verbal summary.
- Preserve surveillance footage — most commercial systems overwrite within 7-30 days. Send preservation letters within days of the incident.
- Witness contact information — before witnesses leave and become hard to locate.
- Medical records — from the initial emergency visit through follow-up care.
- Property records — inspection reports, maintenance logs, prior complaints, insurance policies.
- Clothing and footwear — retained unaltered where a slip-and-fall involves surface interaction.
What damages can I recover?
- Medical bills, past and future.
- Lost wages and loss of earning capacity.
- Pain and suffering, mental anguish, loss of enjoyment of life — not capped in ordinary negligence.
- Loss of consortium for spouses (and in Louisiana, extended relatives).
- Punitive damages in cases of wantonness or willful misconduct — subject to each state’s caps and exceptions.
Talk to a premises liability lawyer
Premises cases succeed or fail on evidence that disappears quickly. The first 30 days after a serious slip-and-fall, negligent-security, or dog-bite incident are the most important part of the case.
- New Orleans: 504-269-3870
- Mobile: 251-444-3519
- Atlanta: 504-269-3870
- Free case review: maplesconnick.com/contact
Our Premises Liability Services
Slip & Fall Accidents
Slips, trips, and falls on unsafe property — wet floors, broken stairs, uneven walkways, and poor lighting.
Learn MoreInadequate Security
Assaults and crimes enabled by broken locks, missing cameras, unlit lots, and lax security.
Learn MoreNegligent Maintenance
Collapsing stairs, falling ceiling tiles or fixtures, and structural failures owners failed to fix.
Learn MoreSwimming Pool Accidents
Drownings and pool injuries caused by unfenced pools, broken drain covers, and missing safety equipment.
Learn MoreDog Bites & Animal Attacks
Bites and animal attacks when property owners knew of the danger and didn't act to protect visitors.
Learn MoreFrequently Asked Questions
More than one party is often responsible when someone is injured on a property. Depending on the situation, that may include the property owner, the business operating on the property, a property management company, a maintenance or cleaning contractor, or a security company. Identifying every responsible party is an important part of building the case, because it can affect what insurance coverage is available and the overall value of a recovery.
Fault-sharing rules differ by state. In Louisiana, pure comparative fault applies — recovery is reduced by your percentage of fault but never barred. In Alabama, contributory negligence bars recovery if the injured person is even 1% at fault, so proving wantonness by the property owner is often the deciding issue. In Georgia, the modified comparative rule bars recovery if you were 50% or more at fault. Property owners’ insurers routinely overstate the injured person’s share; a lawyer’s job is to keep that in bounds.
Recoverable damages typically include past and future medical bills, lost wages and loss of earning capacity, pain and suffering, mental anguish, scarring or disfigurement, and out-of-pocket expenses related to the injury. In cases involving particularly reckless or willful conduct by a property owner, additional damages may also be available. Every case is different, and an attorney can help you understand the full value of what you may be entitled to recover.