Stephen Hasner | Premises Liability | October 19, 2023
If you were injured on a sidewalk in Georgia, do not assume the city will take responsibility. Property owners, businesses, and even homeowners associations can be held legally liable, especially if they created the hazard or ignored warnings to fix it.
The law does not automatically protect you. In fact, it often favors municipalities and private owners unless you act quickly and build a clear case.
Liability in Georgia sidewalk cases comes down to three things: who had the duty to maintain that stretch of sidewalk, whether they knew about the danger, and if they had time to fix it. That means the answer is rarely obvious, and getting it wrong could cost you your right to compensation.
Our firm investigates falls immediately, reviewing local ordinances, property records, maintenance logs, and prior complaints to determine who is at fault and whether you have a strong claim. The earlier this work starts, the better your chances.
If you were hurt in a sidewalk fall, call Hasner Law PC at 678-888-HURT (4878) for a clear, no-pressure review of your case.
Key Takeaways for Georgia Sidewalk Injury Claims
- Responsibility is often shared between the city and the property owner. Determining fault requires a detailed look at local ordinances and property records to see where the duty to maintain the sidewalk lies.
- Claims against a city require a special, time-sensitive notice. You must file an “ante litem notice” within a short period, sometimes as little as six months, or you will lose your right to recover damages.
- The property owner’s legal duty varies. Commercial properties are held to a higher standard of care, including regular inspections for hazards, than private residences.
The General Rule in Georgia: Who Is Usually Responsible?
The default assumption for many is that sidewalks are “public property,” so the city must be responsible. This is a common starting point, but it is usually not the full story. A city’s responsibility is not absolute and comes with significant conditions that protect it from liability.
Georgia state law (O.C.G.A. § 32-4-93) does place a duty on municipalities to maintain sidewalks in a reasonably safe condition. However, this responsibility comes with a major exception: the city is only liable if it had notice of the specific defect that caused your injury and failed to fix it within a reasonable time. This “notice” requirement is a significant hurdle. Furthermore, local ordinances in cities and towns across the state may shift some or all of the maintenance duties onto the adjacent property owner.
The first step we take is to determine which government entity owns the sidewalk and then investigate its maintenance history. We look for evidence of prior complaints or work orders related to that specific section of sidewalk to establish whether the city knew, or should have known, about the danger.
What Does “Notice” Mean in Simple Terms?
The concept of notice is broken down into two types:
- Actual Notice: This is the most direct form. It means the city was directly informed of the hazard. For example, another person called the public works department to report a large crack, or a city inspector documented the problem.
- Constructive Notice: This is more indirect. It means the hazard existed for such a long time that the city should have discovered it through reasonable diligence. Think of a tree root that has been visibly uplifting a sidewalk panel for years—it is a danger that would have been obvious during any routine inspection.
When Does the Responsibility Shift to a Private Property Owner?
The location of your fall is a key piece of information, but it does not automatically point to where the blame lies.
The lines of responsibility blur, especially in cities like Atlanta that have specific local laws affecting sidewalk maintenance. An owner might claim the sidewalk belongs to the city, while the city might argue the owner caused the hazard. This finger-pointing leaves you stuck in the middle, watching your savings dwindle as medical bills pile up.
How Does a City Ordinance Change Things? A Look at Atlanta.
As mentioned above, local laws dramatically alter the liability landscape. The City of Atlanta, for example, has an ordinance that places direct responsibility on property owners for certain maintenance tasks.
The City of Atlanta Code of Ordinances (§ 138-14) explicitly requires owners of abutting property to handle duties that include:
- Removing ice and snow promptly.
- Keeping unpaved areas clear of weeds and holes.
- Repairing sidewalk damage after receiving notice from the city. If they fail to do so, the city makes the repair and bills the owner. This process creates a clear paper trail of responsibility that is helpful in a personal injury claim.
Did the Owner Create the Hazard?
Sometimes, an owner’s actions directly cause the danger, making them liable regardless of who is generally responsible for upkeep.
For instance, if a business directs its downspout to drain across a sidewalk, causing a slick patch of ice or algae to form, they have created a hazard and may be held liable for any resulting injuries. Another common example is a construction company cracking the sidewalk with heavy equipment during a renovation. In these situations, the liability follows the action that created the unsafe condition.
Commercial vs. Residential Owners: Does It Make a Difference?
The legal duties of a homeowner are not the same as those of a large retail store. A commercial property owner, like a shopping mall or grocery store, typically has more resources and a higher legal duty of care to inspect their property for dangers. They are inviting the public onto their premises for their own financial gain, which heightens their responsibility to ensure a safe environment. A private homeowner has a lesser duty.
For Commercial Properties:
- Standard of Care: The owner must proactively and regularly inspect for dangers. They cannot just wait for someone to report a problem or get hurt. Their duty is active, not passive.
- Evidence We Look For: We typically request maintenance logs, inspection schedules, and security camera footage. This documentation (or lack thereof) shows whether they were meeting their duty of care. For example, if a store has no record of inspecting its entrance walkway for months, it strengthens the argument for negligence.
For Residential Properties:
- Standard of Care: Homeowners are generally responsible for hazards they create or personally know about. The expectation for proactive, scheduled inspections is lower than for a business that serves hundreds of customers a day.
- What about Homeowners Associations (HOAs)? In many subdivisions and planned communities, the HOA’s covenants and bylaws may assign them the responsibility for maintaining common areas, including sidewalks. We will review these detailed documents to determine if the HOA, rather than the individual homeowner, is the liable party.
What Are the Deadlines for Filing a Sidewalk Injury Claim in Georgia?
The clock for filing your claim started the moment you were injured, and the amount of time you have is not always the same. Missing a deadline prevents you from recovering compensation, no matter how strong your case is or how severe your injuries are.
The time limits, known legally as statutes of limitations, are as follows:
- Claims against a Private Owner: In most cases, the statute of limitations for a personal injury claim in Georgia is two years from the date of the incident.
- Claims against a Government Entity (City or County): This is where many people run into trouble. Before you file a lawsuit, you must first provide the government with a formal notice of your claim, called an ante litem notice.
- The deadline to send this notice is incredibly short, sometimes as little as six months for a claim against a city.
- Failing to provide this specific, formal notice within the deadline will almost certainly bar you from recovering any compensation.
Our firm ensures these notices are drafted correctly and sent to the right departments long before the deadline expires, preserving your right to pursue the compensation you need.
How Insurance Coverage Affects Your Sidewalk Injury Claim
One of the most important but often overlooked aspects of a sidewalk fall case is who pays for your injuries.
What Type of Insurance Applies?
1. Homeowner’s Insurance (for residential property owners):
If you were injured on a sidewalk adjacent to a private home, the homeowner’s insurance policy may provide liability coverage. These policies typically include protections for injuries that occur on or near the insured’s property, including sidewalks in front of the home, especially if the owner created or failed to fix a hazard.
2. Commercial General Liability Insurance (for businesses):
Businesses usually carry commercial general liability (CGL) insurance. These policies cover injuries on or near the business premises, including sidewalks, parking lots, and entrances. If a hazard like uneven concrete, ice buildup, or debris caused your fall, the business’s insurance may be responsible for covering your medical costs, lost wages, and pain and suffering.
3. Municipal Risk Pools or City Insurance (for government-owned sidewalks):
When a sidewalk is under the city or county’s control, claims are usually handled through a government risk pool or insurance program.
What to Expect When Dealing With Insurance Companies
- Initial Denial of Liability: Most insurers, especially for businesses and cities, will not accept fault without strong evidence. They may claim you were distracted, improperly dressed, or responsible for your own fall.
- Request for Recorded Statements: Be cautious. Insurance adjusters usually ask for recorded interviews designed to gather information they can later use against you. It’s best to speak with an premises liability attorney first.
- Lowball Settlement Offers: Even if liability is clear, initial settlement offers may not reflect the full cost of your injury. They may leave out future medical expenses, lost earning capacity, or non-economic damages like pain and suffering.
Why Legal Help Matters When Insurance Is Involved
Insurance companies are not neutral parties. Their job is to minimize payouts. When we represent you, our team at Hasner Law PC deals directly with the insurer. We’ll gather evidence, negotiate for full compensation, and file a lawsuit if the insurer refuses to pay a fair amount.
Frequently Asked Questions About Georgia Sidewalk Injuries
What if I was looking at my phone or was otherwise distracted when I fell?
This is a common concern. The other side will likely argue you were partially at fault. Georgia follows a “modified comparative negligence” rule. This means that as long as you are found to be less than 50% at fault, you may still recover damages, though your compensation would be reduced by your percentage of fault. Our role is to ensure no amount of blame is unjustly put on you.
Do I need to have a “catastrophic” injury to have a case?
No. While severe injuries like broken hips or traumatic brain injuries are common in fall cases, any injury that results in medical bills, lost work, and pain and suffering may be grounds for a claim. This includes things like broken wrists, severe sprains which may require surgery, or deep lacerations that cause permanent scarring.
What kind of evidence is helpful to my case?
Photographs are incredibly helpful. If possible, take pictures of the broken sidewalk from multiple angles, your injuries, and the shoes you were wearing. If anyone saw you fall, their name and phone number are also valuable. After the accident, preserve the shoes you were wearing and do not wear them again, as they may be used as evidence.
The property owner fixed the sidewalk right after I fell. Does that hurt my case?
Not necessarily. In fact, it is sometimes used as evidence that a hazard existed in the first place. This is known as a “subsequent remedial measure,” and while there are rules about how it is used in court, it does not automatically ruin your claim. It may show that the hazard was not only real but also easy to fix.
How much does it cost to hire an attorney for a sidewalk fall case?
At our firm, our personal injury lawyer handles cases on a contingency fee basis. This means you pay no upfront fees for us to start working on your case. We only receive a fee if we successfully recover compensation for you through a settlement or a verdict.
You Don’t Have to Figure This Out Alone
When you’re injured and facing a growing pile of medical bills, the last thing you should have to do is comb through city ordinances and property records to figure out who is at fault.
The question of sidewalk liability in Georgia is complicated. It’s a system of rules that protect municipalities and private owners from accountability. But these difficulties do not mean you are without options. The responsible party, whether it’s a city, a corporation, or an HOA, must be held accountable when their negligence causes harm.
Let our team at Hasner Law PC take on the work of investigating your fall, determining liability, and handling the entire claims process. Your job is to focus on your recovery.
For a straightforward conversation about what happened and how we can help, call Hasner Law PC now at 678-888-HURT (4878).
