Premises Liability Complaint

PREMISES LIABILITY COMPLAINT — GEORGIA

TABLE OF CONTENTS

1. Caption
2. Parties
3. Jurisdiction and Venue
4. Factual Allegations
5. Duty of Care — Visitor Status
6. Count I — Negligence (Premises Liability)
7. Count II — Negligent Maintenance of Property
8. Count III — Failure to Warn
9. Count IV — Willful or Wanton Conduct
10. Damages
11. Jury Demand
12. Prayer for Relief
13. State-Specific Notes
14. Sources and References

1. CAPTION

IN THE [STATE / SUPERIOR] COURT OF [COUNTY NAME] COUNTY

STATE OF GEORGIA

2. PARTIES

1. Plaintiff, [PLAINTIFF FULL NAME] ("Plaintiff"), is a resident and citizen of [COUNTY] County, Georgia, residing at [ADDRESS], [CITY], Georgia [ZIP CODE].

2. Defendant, [DEFENDANT FULL NAME] ("Defendant"), is [an individual residing in / a corporation organized under the laws of / a limited liability company formed under the laws of] [STATE], and at all relevant times was the [owner / lessee / occupier / manager] of the real property located at [PROPERTY ADDRESS], [CITY], [COUNTY] County, Georgia [ZIP CODE] (the "Premises").

3. JURISDICTION AND VENUE

4. This Court has subject matter jurisdiction over this action as the amount in controversy exceeds the jurisdictional limits of the Magistrate Court.

5. Venue is proper in [COUNTY] County pursuant to O.C.G.A. § 9-10-31 because [Defendant resides in this county / the cause of action arose in this county / Defendant regularly conducts business in this county].

4. FACTUAL ALLEGATIONS

6. At all relevant times, Defendant [owned / leased / occupied / managed / controlled] the Premises located at [PROPERTY ADDRESS], [CITY], Georgia [ZIP CODE].

7. On or about [DATE OF INCIDENT], at approximately [TIME], Plaintiff was lawfully present on the Premises for the purpose of [PURPOSE OF VISIT].

8. At the time of the incident, there existed on the Premises a dangerous and hazardous condition, specifically: [DESCRIBE DANGEROUS CONDITION IN DETAIL].

9. Defendant had [actual / constructive] knowledge of the dangerous condition because:

☐ Defendant created the dangerous condition.

☐ Defendant had actual knowledge through [DESCRIBE, e.g., prior complaints, inspection reports, employee reports].

☐ The dangerous condition existed for such a length of time that Defendant, in the exercise of ordinary care, should have discovered it.

☐ An employee of Defendant was in the immediate area of the dangerous condition and could have easily discovered and remedied it.

10. As a direct and proximate result of the dangerous condition, Plaintiff [DESCRIBE INCIDENT] and sustained severe and serious injuries.

5. DUTY OF CARE — VISITOR STATUS

11. At the time of the incident, Plaintiff was [an invitee / a licensee] on the Premises.

If Invitee:

12. Plaintiff entered the Premises by express or implied invitation of Defendant for a purpose connected with the business or interests conducted on the Premises, or for a purpose mutually beneficial to Plaintiff and Defendant. Pursuant to O.C.G.A. § 51-3-1, Defendant owed Plaintiff the duty to exercise ordinary care in keeping the Premises and approaches safe, including the duty to: (a) inspect the Premises for dangerous conditions; (b) discover dangerous conditions; and (c) either correct the conditions or warn Plaintiff of their existence.

If Licensee:

12. Plaintiff entered the Premises with Defendant's permission but not by invitation for Defendant's benefit. Pursuant to O.C.G.A. § 51-3-2, Defendant owed Plaintiff the duty not to wantonly or willfully cause injury and the duty to exercise ordinary care to prevent injuring Plaintiff after Defendant actually discovered Plaintiff's presence, including a duty not to expose Plaintiff to hidden dangers or wantonly or recklessly to cause injury.

6. COUNT I — NEGLIGENCE (PREMISES LIABILITY)

(Against Defendant [DEFENDANT NAME])

13. Plaintiff re-alleges and incorporates by reference paragraphs 1 through 12 above.

14. Defendant owed Plaintiff the duties described above based on Plaintiff's status as [an invitee / a licensee] on the Premises.

15. Defendant was negligent in one or more of the following respects:

☐ Failing to exercise ordinary care in keeping the Premises safe;

☐ Failing to inspect the Premises for dangerous conditions;

☐ Failing to correct, repair, or remedy the dangerous condition;

☐ Failing to warn Plaintiff of the dangerous condition;

☐ Failing to comply with applicable building codes and safety regulations;

☐ [OTHER SPECIFIC ACTS OR OMISSIONS].

16. Defendant's negligence was the proximate cause of Plaintiff's injuries and damages.

7. COUNT II — NEGLIGENT MAINTENANCE OF PROPERTY

(Against Defendant [DEFENDANT NAME])

17. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

18. Defendant had a duty to properly maintain the Premises, including but not limited to [SPECIFY MAINTENANCE DUTIES].

19. Defendant negligently maintained the Premises by [DESCRIBE SPECIFIC MAINTENANCE FAILURES].

20. Defendant's negligent maintenance was a proximate cause of Plaintiff's injuries and damages.

8. COUNT III — FAILURE TO WARN

(Against Defendant [DEFENDANT NAME])

21. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

22. Defendant knew or, in the exercise of ordinary care, should have known of the dangerous condition on the Premises.

23. Defendant failed to provide adequate warnings to Plaintiff of the dangerous condition, including but not limited to [failure to post warning signs / failure to barricade the area / failure to provide verbal warnings].

24. Defendant's failure to warn was a proximate cause of Plaintiff's injuries and damages.

9. COUNT IV — WILLFUL OR WANTON CONDUCT

(Against Defendant [DEFENDANT NAME])

25. Plaintiff re-alleges and incorporates by reference all preceding paragraphs.

26. Defendant's conduct was willful, wanton, and in conscious disregard of the safety of Plaintiff and others, in that Defendant [DESCRIBE EGREGIOUS CONDUCT].

27. Defendant's willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences entitles Plaintiff to punitive damages under O.C.G.A. § 51-12-5.1.

10. DAMAGES

28. As a direct and proximate result of Defendant's conduct, Plaintiff has suffered and continues to suffer the following injuries and damages:

a. Medical Expenses: Past and future reasonable and necessary medical expenses, including hospitalization, surgery, physician visits, physical therapy, prescription medications, and diagnostic testing.

b. Lost Wages and Earning Capacity: Past and future loss of wages, income, and diminished earning capacity.

c. Pain and Suffering: Past and future physical pain and suffering.

d. Mental Suffering: Past and future mental suffering, emotional distress, anxiety, and depression.

e. Loss of Enjoyment of Life: Past and future loss of enjoyment of life.

f. Disability and Impairment: Past and future disability and physical impairment.

g. Disfigurement: Past and future disfigurement.

h. Loss of Consortium: [IF APPLICABLE — Plaintiff's spouse has been deprived of the society, companionship, and conjugal fellowship of Plaintiff.]

i. Punitive Damages: [IF APPLICABLE — Pursuant to O.C.G.A. § 51-12-5.1.]

11. JURY DEMAND

29. Plaintiff hereby demands a trial by jury on all issues.

12. PRAYER FOR RELIEF

WHEREFORE, Plaintiff prays for judgment against Defendant as follows:

1. Compensatory damages in an amount to be determined at trial;
2. Punitive damages pursuant to O.C.G.A. § 51-12-5.1 [IF APPLICABLE];
3. Prejudgment interest as permitted by law;
4. Litigation expenses and costs of this action pursuant to O.C.G.A. § 9-15-14;
5. Such other and further relief as this Court deems just and proper.

DATED: [DATE]

Respectfully submitted,

[LAW FIRM NAME]

By: ________________________________________
[ATTORNEY NAME]
Georgia Bar No. [NUMBER]
[ADDRESS LINE 1]
[ADDRESS LINE 2]
[CITY], Georgia [ZIP CODE]
Telephone: [PHONE]
Email: [EMAIL]
Attorney for Plaintiff [PLAINTIFF NAME]

13. STATE-SPECIFIC NOTES

Visitor Classification. Georgia retains the traditional statutory classifications: invitees (O.C.G.A. § 51-3-1), licensees (O.C.G.A. § 51-3-2), and trespassers (O.C.G.A. § 51-3-3). The duty owed depends on the plaintiff's status.

Modified Comparative Negligence (Less Than 50% Bar). Under O.C.G.A. § 51-12-33, a plaintiff is barred from recovery if the plaintiff is 50% or more at fault. If the plaintiff is less than 50% at fault, damages are reduced by the plaintiff's percentage of fault.

Equal Knowledge Rule. Georgia courts hold that a property owner is not liable if the plaintiff had equal or superior knowledge of the hazardous condition. The plaintiff must show that the defendant had superior knowledge of the danger.

Statute of Limitations. Two (2) years from the date of injury. O.C.G.A. § 9-3-33.

Ante Litem Notice (Government Claims). For claims against municipalities, ante litem notice must be provided within six (6) months of the incident under O.C.G.A. § 36-33-5. For claims against the state, the Georgia Tort Claims Act (O.C.G.A. § 50-21-26) requires ante litem notice within twelve (12) months.

Punitive Damages. Governed by O.C.G.A. § 51-12-5.1. Punitive damages are capped at $250,000 unless the defendant acted with specific intent to cause harm or was under the influence. 75% of punitive damages (after attorney fees and costs) are paid to the state treasury.

Open and Obvious Doctrine. Georgia applies the "open and obvious" defense; however, liability is not necessarily barred if a static condition can still constitute a hazard despite being visible. The analysis focuses on whether the invitee should have been aware of the condition.

Landlord Liability. O.C.G.A. § 44-7-14 addresses landlord duty to keep premises in repair. A landlord is liable for damages arising from defective construction or failure to keep premises in repair.

14. SOURCES AND REFERENCES

• O.C.G.A. § 51-3-1 — Duty to Invitees
• O.C.G.A. § 51-3-2 — Duty to Licensees
• O.C.G.A. § 51-3-3 — Duty to Trespassers
• O.C.G.A. § 51-12-33 — Comparative Negligence
• O.C.G.A. § 51-12-5.1 — Punitive Damages
• O.C.G.A. § 9-3-33 — Statute of Limitations
• O.C.G.A. § 36-33-5 — Ante Litem Notice (Municipalities)
• O.C.G.A. § 44-7-14 — Landlord Duty to Repair
• Robinson v. Kroger Co., 268 Ga. 735 (1997) (knowledge and open and obvious defense)