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.
Premises Liability Statistics in Marietta

Most violent victimizations nationally never reach a police report. That gap matters, because an owner who tracks only reported incidents may still have had reason to know about problems on the premises. Businesses that take steps to improve security after complaints or prior incidents reduce their risk. Those that ignore the warning signs can face civil liability.
- Cobb County law enforcement agencies reported 1,296 aggravated assaults and 205 robberies in 2024, according to GBI crime statistics. The same report lists 198 rapes and 25 murders countywide.
- Statewide, Georgia recorded an aggravated assault every 21 minutes and 12 seconds in 2024, per the same GBI summary.
- Nationally, there were 23.3 violent victimizations per 1,000 people age 12 or older in 2024, but only 11.2 per 1,000 were reported to police, according to BJS victimization data.
- At least 100,000 people in the United States suffer a fatal or nonfatal firearm injury each year, according to CDC firearm injury research drawn in part from Georgia emergency department data.
Mistakes That Can Damage Your Premises Liability Claim
The weeks after a violent crime are when most avoidable mistakes happen. A Marietta premises liability lawyer can correct some of them later, but not all of them.
- Waiting to get medical care. Gaps in treatment become the insurer’s argument that your injuries were minor or came from something else. See a doctor the same day if you can, and follow the treatment plan.
- Giving a recorded statement to the property’s insurer. Adjusters call quickly and sound helpful. Anything you say can be used to shift blame. Decline until you’ve spoken with an attorney.
- Assuming the criminal case covers everything. Prosecution punishes the attacker. It doesn’t pay your hospital bills or replace the income you lost while recovering. The civil claim is a separate action against the property owner.
- Letting evidence disappear. Surveillance footage at many Marietta properties is overwritten within days. Broken gates get repaired. Burned-out lights get replaced. Photograph the conditions as they existed and have a preservation letter sent early.
- Posting about the incident online. Defense lawyers read social media. A photo from a family dinner becomes an exhibit about how well you’re doing. Steps to protect your privacy once a claim is filed are part of protecting the case itself.
- Skipping mental health treatment. The emotional trauma that follows a crime is compensable, but only when it’s documented. Untreated anxiety, sleep loss, and fear of returning to the property carry weight when a provider records them.
- Signing a release or accepting a quick payment. Early offers rarely account for future surgeries, counseling, or reduced earning capacity. Once you sign, the claim is over.
- Filing after the deadline. Georgia’s filing deadline for most personal injury claims is two years, counted from the date of injury. Missing it ends the case no matter how strong the facts are.
Marietta Premises Liability Lawyer FAQs
How much does a premises liability lawyer in Marietta cost?
We don’t bill hourly. Our firm advances the cost of investigation, litigation, and witnesses. Fees and expenses are then paid out of whatever is recovered through settlement or trial. If there’s no recovery, you don’t owe us a fee. Your first consultation is free, and you can decide afterward whether to move forward.
Do I have a case if the attacker was never caught?
Often, yes. The civil claim targets the property owner or management company, not the person who committed the crime. An unidentified attacker doesn’t prevent a claim when security failures made the crime possible. Police reports, witness statements, and surveillance footage still matter for proving what happened.
Can I file a claim if I was visiting a friend’s apartment in Marietta, not living there?
Yes. Georgia law requires owners and occupiers who invite people onto their property to use ordinary care in keeping the premises and approaches safe. Guests of tenants are covered. So are shoppers, hotel guests, and people using a parking lot for its intended purpose.
What if the property owner says they had no warning?
Foreseeability is where most of these cases are won or lost. Georgia revised its negligent security standard in 2025. For incidents after April 21, 2025, the analysis focuses on specific warnings the owner received and on prior similar incidents at the property. Police call logs, earlier lawsuits, and tenant complaints are how we prove that knowledge.
Does the criminal case have to finish before I can sue?
No. A civil claim can be filed before, during, or after prosecution. Criminal cases run on their own track, and an acquittal doesn’t defeat a civil claim because the burden of proof is lower. Timing is a strategy question we work through with each client.
Can I recover the cost of therapy?
Yes. Counseling for trauma is treated as a medical expense, and future sessions can be included when a provider documents the need. The cost of therapy and counseling is often one of the larger items in a claim involving sexual assault or a shooting.
Where would my case be filed?
Claims arising from properties in Marietta, GA are typically filed in Cobb County, though the proper court depends on where the defendants are located. Some cases involving out-of-state ownership groups end up in federal court. We work through the venue question during the initial evaluation.
I was attacked at a hotel off I-75. Is the hotel responsible?
It depends on what the hotel knew and what it did about it. Hotels near interstate exits see heavy transient traffic and are frequent defendants in these claims. Whether suing a hotel will succeed turns on prior incidents at that location and on failures like broken locks or unmonitored entrances. Ignored complaints matter as well.
My address says Marietta, but I’m in unincorporated Cobb County. Does that matter?
Not for your right to bring a claim. Whether the Marietta Police Department or Cobb County Police responded affects where we request records, but the legal duty owed by the property owner is the same. Many properties with Marietta mailing addresses sit outside the city limits. A premises liability attorney in Marietta, GA handles both regularly.
What if I was partly at fault?
Georgia allows recovery as long as you’re less than 50 percent responsible, with the award reduced by your share. Property owners often argue the victim should have known better. That argument fails more often than they expect, especially where the owner created or ignored the danger.
Important Resources for Marietta Premises Liability Cases
Most Dangerous Locations for Premises Liability in Marietta
Negligent security claims cluster around certain property types, and in Marietta those properties concentrate along a handful of corridors. The lists below describe where those properties sit, not a ranking of crime rates.
Streets and commercial corridors
- Franklin Gateway (formerly Franklin Road): aging apartment complexes that became the focus of city redevelopment because of long-running crime problems
- Cobb Parkway (U.S. 41): motels, gas stations, and strip retail with large open parking areas
- Roswell Road (GA 120): retail plazas and apartment communities east of the Square
- Delk Road at Powers Ferry Road: a dense cluster of hotels and extended-stay properties serving interstate traffic
- South Cobb Drive (GA 280): convenience stores, bars, and older commercial buildings
Highways and interchanges
- I-75 at Delk Road and at Windy Hill Road: hotel and gas station clusters at both exits
- I-75 at North Marietta Parkway: fast food, fuel, and lodging built around the interchange
- I-285 near Powers Ferry Road: high-traffic parking decks and hotel properties on the Cobb side of the perimeter
- The GA 120 Loop (North and South Marietta Parkway): commercial frontage circling downtown
What Are Important Local Resources for Marietta Premises Liability Cases?
After a crime on someone else’s property, these local agencies handle the police report, emergency care, and victim support that later become part of the civil case. We list them for convenience only. Our firm does not endorse and is not affiliated with any of them.
- Marietta Police Department, (770) 794-5300: handles incident reports and records requests for crimes inside the city limits.
- Cobb County Police Department, (770) 499-3900: covers unincorporated Cobb County addresses, with Central Records at 545 S. Fairground Street.
- liveSAFE Resources, 24-hour crisis line (770) 427-3390: sexual assault and domestic violence services for Cobb County, including forensic exams and counseling at no cost.
About Deitch + Rogers
Gilbert Deitch and Andrew Rogers both completed their undergraduate work at the University of Georgia, Deitch with a B.B.A. in 1967 and Rogers with a B.S. in zoology in 1984. Deitch’s writing on criminal attack cases has appeared in the Fulton County Daily Report and Crime Victims’ Litigation Quarterly. He has also been profiled in Atlanta Magazine and the Atlanta Journal-Constitution. Rogers is a member of the DeKalb Bar Association. Partners Kara Phillips and Michael D’Antignac try premises liability cases alongside them. Our results include a $10 million recovery for a shooting victim on commercial property and $9.75 million for a shooting victim left paralyzed.
What Our Clients Say
★★★★★
“This team worked extremely hard to get the best result for my case. They were so kind, professional, and knowledgeable – and gave me updates when I needed them. I would recommend them to anybody who was thinking of their service.” — Adathel Lenzer
Read more reviews on our Google Business Profile.
Additional Resources for Marietta Premises Liability Cases
- Premises Liability Explained
- Common Premises Liability FAQs
- $15 Million Settlement In A Premises Liability Case
- Understanding Liability In Store Shootings
- Suing After Being Shot In Public
Contact Deitch + Rogers
If a crime on a Marietta property left you injured, a consultation with a Marietta, GA premises liability lawyer costs nothing and stays confidential. We’ll go through what happened, tell you plainly whether the facts support a claim, and explain what an investigation would involve. There’s nothing to pay upfront. Our firm advances case expenses and collects fees only from money recovered. Calls are answered 24 hours a day. Contact us to set up a case review with our Marietta premises liability attorneys.
