Were you injured in a premises liability incident in Marietta, GA?
At Deitch + Rogers, we have plaintiff-focused premises liability lawyers preparing every case with experience and dedication.
If you were the victim of a violent crime on someone else’s property in Marietta, an attorney can help you pursue civil compensation from the property owner or business responsible for allowing dangerous conditions to exist. Crimes that occur on poorly maintained or inadequately secured properties leave victims facing hospital stays, lost paychecks, and emotional harm that can last for years. Deitch + Rogers has represented crime victims and their families across Georgia for more than 40 years in civil cases against negligent property owners, landlords, and businesses. Our Marietta, GA premises liability lawyer can evaluate your potential claim during a free consultation.
Premises Liability Lawyer Marietta, GA
A premises liability claim arises when a property owner or manager fails to maintain reasonably safe conditions, and someone is harmed as a result. In the context of crime victim law, these cases typically target a landlord, business operator, or management company that ignored known security risks and allowed a preventable crime to occur on its property.
Georgia law imposes a duty of ordinary care on property owners to keep their premises safe for lawful visitors. When that duty is breached and a violent crime results, the victim may pursue a civil claim against the property owner. This is a separate legal action from any criminal prosecution of the person who committed the crime. A premises liability attorney in Marietta can help you determine whether you have grounds to move forward.
Types of Premises Liability Cases We Handle in Marietta
Premises liability cases involving crime victims arise in a wide range of settings, from apartment complexes to commercial storefronts. At Deitch + Rogers, we focus on cases where negligent security or dangerous property conditions contributed to a violent crime. Below are the types of cases we handle in Marietta and throughout Georgia.
- Wrongful death. When a violent crime on someone else’s property takes a life, surviving family members may have a civil claim against the property owner. We help families pursue accountability against landlords and businesses that failed to prevent foreseeable violence on their premises.
- Catastrophic injuries. Shootings, violent assaults, and other crimes on neglected properties can cause permanent injuries such as traumatic brain damage, spinal cord harm, or paralysis. These cases involve substantial future medical costs and long-term rehabilitation needs.
- Child care injuries. Daycare facilities and childcare centers owe a duty to protect children in their care. When a child is harmed due to negligent supervision or unsafe conditions at a facility in Marietta, GA, we pursue claims on the child’s behalf against the responsible parties.
- Negligent security. Property owners who fail to install functioning locks, adequate lighting, security cameras, or trained security personnel may bear civil liability when crimes occur. Apartment complexes, parking lots, and retail locations are common settings for these claims.
- Apartment and rental property crimes. Tenants have a right to safe living conditions. Landlords who ignore broken gates, failed exterior lighting, or a pattern of criminal activity on their property may be liable for assaults, shootings, and other violent crimes that tenants or their guests suffer.
- Hotel and motel crimes. Guests trust that hotels and motels maintain basic security. When management fails to address known risks and a guest is assaulted, robbed, or shot on the property, the victim may have a civil claim for damages against the property owner or operator.
- Shooting injuries on commercial property. Gas stations, convenience stores, shopping centers, and entertainment venues all carry a duty to address foreseeable security risks. We represent shooting victims injured on commercial properties where owners failed to take reasonable security measures.
- Sexual assault on premises. Property owners can be held civilly liable when their negligence gives an attacker access to a victim. Apartment complexes, hotels, parking structures, and other locations where security failures contributed to the assault are all settings where we have represented clients.
Why Choose Deitch + Rogers as My Premises Liability Lawyer in Marietta, GA?
Decades of Trial Work Representing Crime Victims
Deitch + Rogers has focused on representing crime victims in premises liability and negligent security cases across Georgia for more than four decades. Founding Partner Gilbert Deitch earned his J.D. from the University of Tennessee College of Law in 1970 and is admitted to practice in all Georgia courts, the U.S. District Court for the Northern District of Georgia, and Tennessee. He has published premises liability articles in TRIAL Magazine, Verdict Magazine, and the Georgia State Bar Journal. He has also appeared on NBC Nightly News and 20/20 as a victims’ rights attorney and is a member of the Georgia Trial Lawyers Association.
Founding Partner Andrew Rogers graduated from Georgia State University College of Law in 1988. Rogers is a charter member of the National Crime Victim Bar Association and has been recognized by Super Lawyers. He achieved some of the highest premises liability verdicts in the state of Georgia, including in 2013, 2014, 2018, and 2019.
The firm has recovered more than $200 million for clients, including a $46 million wrongful death premises liability verdict and a $35 million recovery in a catastrophic injury premises liability case. As a premises liability lawyer in Marietta, we handle every case on a contingency fee basis. That means no attorney fees unless we recover compensation for you.
What Is Important to Understand About a Premises Liability Case?
Damages, Liability, and Compensation for Premises Liability Cases
Crime victims who bring a premises liability claim in Georgia may recover several categories of damages. Economic damages cover medical expenses, from emergency treatment and surgeries through rehabilitation and ongoing therapy. Lost wages and reduced earning capacity are also recoverable when injuries prevent a victim from working. Out-of-pocket costs related to the incident, such as travel for treatment or home modifications, may also be included.
Non-economic damages address the injuries that are harder to assign a dollar figure. Physical pain, emotional distress, loss of enjoyment of life, and psychological anguish fall into this category. In cases involving violent injuries, the psychological toll can be as severe as the physical harm and may require years of treatment. Georgia law also allows punitive damages when the defendant’s conduct was particularly reckless or demonstrated a willful disregard for the safety of others.
To establish liability, the injured person must show that the property owner knew about, or should have known about, a dangerous condition or security gap and failed to take reasonable steps to fix it. Prior criminal activity on or near the property, tenant complaints, and applicable industry security standards all factor into this analysis. The distinction between intentional torts and negligence is important in these cases, because the property owner’s civil liability is based on negligence, not on having committed the crime.
What Are Important Aspects of a Premises Liability Case?
Several factors shape the direction and value of a premises liability claim. Understanding these elements early helps build the strongest possible case.
- Foreseeability of the crime based on the property’s history and surrounding area
- The property owner’s documented awareness of security problems
- What security measures were in place and whether they were actually functioning at the time of the incident
- Preservation of evidence, including surveillance footage, incident reports, and maintenance records
- The severity of the victim’s injuries and the long-term impact on daily life
What Is the Premises Liability Case Timeline?
Cases involving violent crimes on someone else’s property tend to follow a general progression, though the timeline varies depending on the complexity of the facts and the number of parties involved.
- Investigation and evidence collection usually take several weeks to a few months after the incident
- Filing the civil complaint must happen within Georgia’s two-year statute of limitations for personal injury claims under O.C.G.A. § 9-3-33
- Discovery, where both sides exchange evidence and take depositions, typically spans six months to over a year
- Mediation or settlement negotiations may occur at various stages of the case
- Trial preparation and the trial itself can add additional months if a settlement is not reached
What Should You Bring to Your Premises Liability Consultation?
Having documentation available at the initial meeting helps us evaluate your potential case. Bring whatever you have available at the time.
- Police reports, incident reports, or case numbers related to the crime
- Medical records and bills tied to your injuries
- Photos of the property, the location where the incident occurred, or your injuries
- Contact information for any witnesses
- Correspondence from the property owner, landlord, management company, or their insurer
During the consultation, we will review the facts of the incident, explain the potential legal claims, and outline the steps that would follow if you decide to move forward. There is no fee for this meeting.
What Are Important Georgia Legal Resources for Premises Liability Cases?
Georgia law provides the framework for premises liability claims. The following resources can help you understand the basic statutes and standards that apply to these cases.
- Georgia’s statute of limitations for personal injury claims is two years from the date of the injury under O.C.G.A. § 9-3-33. Filing after this deadline generally bars the claim. The full text is available through the Georgia General Assembly website.
- Georgia follows a modified comparative negligence rule under O.C.G.A. § 51-12-33. A plaintiff may recover damages as long as they are found to be less than 50 percent at fault for the incident. The amount recovered is reduced by the plaintiff’s percentage of fault.
- The Bureau of Justice Statistics publishes national crime victimization data that can provide context in premises liability cases involving foreseeability of criminal activity.
- The Georgia Criminal Justice Coordinating Council administers the Crime Victims Compensation Program, which offers financial support to victims of violent crime in the state.
Reach Out to Deitch + Rogers to Schedule a Consultation
If you or a family member was harmed by a crime on someone else’s property in Marietta, Deitch + Rogers can help you understand your legal options. We represent premises liability clients on a contingency fee basis, so there are no upfront costs or attorney fees unless we recover compensation. The initial consultation is free and confidential. Contact us to schedule a case review with a Marietta, GA premises liability attorney.
