Slip and fall lawyer in Marietta

A Georgia slip-and-fall case is not about whether you fell — it is about whether the property owner knew, or should have known, about the hazard and had a chance to fix it while you did not. Georgia courts call that the owner’s superior knowledge, and it is the whole case.

Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026

What a Marietta claim involves locally

• CountyCobb County
• Where suit is filedAn ordinary personal-injury suit arising in Marietta is filed in the State Court of Cobb County. Which court applies can change if a government entity is a defendant.
• The crash or incident reportReports are written by the Marietta Police Department or the Cobb County Police Department and released through BuyCrash, usually within a few business days.
• Nearest major hospitalWellstar Kennestone Regional Medical Center, a Level II trauma centre
• Where these happenLocally, I-75 through the Big Chicken corridor; Cobb Parkway (US-41); the South Marietta Parkway loop (SR 120); and Roswell Road.

Who is usually responsible

More than one party is often liable for a fall on someone else’s property:

• the property owner or occupier who owed a duty of ordinary care to keep the premises safe;
• a tenant business that controlled the specific area;
• a cleaning or maintenance contractor whose work created or failed to remove the hazard;
• a management company responsible for inspection schedules.

The evidence that decides these cases

In rough order of how quickly it disappears:

• surveillance footage — the single most valuable item, and routinely overwritten within days;
• the incident report the store made you fill in, and any that staff made;
• inspection and sweep logs, which either show a schedule or show it was not being followed;
• photographs of the hazard before it is cleaned up;
• witness details, including the employee who responded.

What can be recovered

• Economic lossMedical treatment already received and reasonably expected in future, lost wages, reduced earning capacity, and property damage.
• Non-economic lossPain, suffering, mental anguish, disfigurement and the loss of the things you used to be able to do.
• Punitive damagesAvailable in the narrower set of Georgia cases involving wilful misconduct or conscious indifference to consequences — drunk driving being the clearest example. They are not part of an ordinary negligence claim.

What to do now

If a fall on someone else’s property has just happened, the order of these matters more than people expect:

• Get medical attention, and keep going. Your health comes first, and a documented, continuous treatment record is also what makes the injury provable later. Gaps are the argument insurers make most often.
• Report it. A police report, an incident report or an animal-control report creates a contemporaneous record that cannot be reconstructed afterwards.
• Preserve what will disappear. Photograph the scene, the vehicles or the hazard, and your injuries. Video is usually overwritten within days — a written request to preserve it has to go out early. Georgia crash reports are released through BuyCrash a few business days later.
• Do not give the other side a recorded statement before you have spoken to a lawyer and know the extent of your injuries. You are not required to.
• Get a free review. Call (470) 852-6328 and Omar will tell you honestly whether there is a claim.

Sources: O.C.G.A. § 9-3-33 — injuries to the person: two years · O.C.G.A. § 51-12-33 — apportionment and comparative fault · Georgia crash reports — BuyCrash

Questions people in Marietta ask