Slip and fall claims: care and next steps in Georgia

Georgia imposes a two-year statute of limitations for personal injury claims under O.C.G.A. § 9-3-33. Claims against state and local government entities in Georgia are governed by the Georgia Tort Claims Act, O.C.G.A. § 50-21-20 et seq. Ante litem notice—a formal written notice of claim—must be served on the Georgia Department of Administrative Services and the relevant agency within twelve months of the date the loss was discovered or should have been discovered. For claims against local government entities, the ante litem notice period is twelve months for counties (O.C.G.A. § 36-11-1) and six months for municipalities under O.C.G.A. § 36-33-5. Failure to file timely ante litem notice is a bar to recovery.

Georgia applies a modified comparative fault system under O.C.G.A. § 51-12-33. A plaintiff whose contributory negligence is 50% or more of the total fault is barred from any recovery. Plaintiffs found less than 50% at fault may recover damages reduced in proportion to their fault share. Georgia abolished joint and several liability in 2005 except in limited circumstances; defendants generally pay only their proportionate share of damages. The equal knowledge doctrine—which bars recovery when the plaintiff had actual knowledge of the hazard equal to or greater than the defendant's—remains a distinctive feature of Georgia slip-and-fall defense.

Georgia's equal knowledge rule is one of the strongest premises liability defenses in the country. If a plaintiff knew of a dangerous condition or had been warned of it and proceeded anyway, the superior knowledge element of the plaintiff's case fails. Courts look to whether the plaintiff traversed the same area before without incident, received warnings, or had otherwise been apprised of the hazard. In slip-and-fall cases involving wet floors or outdoor walkways, this doctrine frequently intersects with comparative fault arguments, making plaintiff's deposition testimony particularly critical to case value.