How Insurance Companies Fight Premises Liability Claims in Georgia — And How Injured Victims Can Protect Their Rights
Premises liability cases in Georgia often seem straightforward at first glance. Someone gets hurt because of unsafe property conditions — a wet floor, poor lighting, broken stairs, or inadequate security — and expects the property owner’s insurance company to do the right thing.
Unfortunately, that’s rarely how the process works.
Insurance companies are businesses focused on limiting payouts. When someone files a premises liability claim, insurers frequently use aggressive defense tactics designed to reduce or deny compensation. At Brandon Smith Law, we’ve seen firsthand how these strategies affect injured clients across Georgia — from Atlanta and Peachtree Corners to communities throughout the state.
Understanding how insurance companies fight premises liability claims can help you avoid costly mistakes and protect your right to recover compensation.
Why Premises Liability Claims Are Heavily Contested in Georgia
Georgia premises liability law requires injured victims to prove that a property owner failed to maintain reasonably safe conditions. Simply being injured on someone else’s property isn’t enough — you must show negligence caused the accident.
Insurance companies know that these cases often hinge on technical details like:
The visitor’s legal status (invitee, licensee, or trespasser)
Whether the property owner knew about the hazard
Whether the victim shares any responsibility for the accident
Because Georgia follows a modified comparative negligence rule, insurers aggressively look for ways to assign blame to injured victims. If you are found 50% or more at fault, you may recover nothing.
That legal framework gives insurers significant leverage — and they use it.
Common Insurance Defense Tactics in Georgia Premises Liability Cases
1. Blaming the Victim Through Comparative Negligence
One of the most common strategies is shifting fault onto the injured person. Insurance adjusters may argue that you:
Were distracted or not paying attention
Ignored warning signs
Wore improper footwear
Should have avoided the hazard
These arguments are designed to reduce your compensation because Georgia law decreases damages based on your percentage of fault.
In many cases, insurers push this narrative even when property owners clearly failed to address dangerous conditions.
2. Claiming the Property Owner Had No Knowledge of the Hazard
Another frequent defense involves arguing that the property owner didn’t know — and shouldn’t have known — about the dangerous condition.
Under Georgia law, property owners are generally liable only if they had actual or constructive knowledge of the hazard and failed to fix it or warn visitors.
Insurance companies may claim:
The spill or defect happened moments before the accident
There were no prior complaints
Maintenance inspections were performed properly
This is why early investigation is critical. Evidence like surveillance footage, inspection logs, and witness statements can reveal whether the owner ignored ongoing safety issues.
3. Challenging Your Legal Status on the Property
Georgia law treats visitors differently depending on their classification:
Invitees (customers or guests benefiting the business) are owed the highest duty of care.
Licensees receive more limited protection.
Trespassers generally receive the least protection under the law.
Insurance companies sometimes argue that injured victims were not invitees — even when they were legitimate customers — because reducing your legal status can weaken your claim.
This tactic highlights why experienced legal guidance matters in Georgia premises liability cases.
4. Using Assumption of Risk Arguments
Insurers may also claim that you knowingly accepted the danger, which can limit or eliminate liability.
For example, they might argue that:
The hazard was “open and obvious”
You chose to walk through a dangerous area
You ignored visible warnings
This strategy, known as assumption of risk, is a common defense in Georgia personal injury claims.
However, many hazards are not as obvious as insurers suggest — especially in poorly lit areas or crowded commercial spaces.
5. Downplaying Injuries or Disputing Medical Evidence
Insurance companies often try to minimize the seriousness of injuries. They may claim:
Your injuries were pre-existing
Medical treatment was unnecessary
You recovered faster than expected
Some insurers even argue that the accident didn’t cause your condition at all.
At Brandon Smith Law, we frequently counter these tactics by working with medical experts to connect injuries directly to unsafe property conditions and demonstrate the true impact on our clients’ lives.
6. Delaying or Pressuring Quick Settlements
Not all insurance tactics happen in court. Some occur early in the claims process.
Insurers may:
Request excessive documentation
Delay responses
Offer fast but low settlement amounts
These strategies are designed to pressure injured victims into accepting less than their claim is worth — especially when medical bills and lost wages start piling up.
Having an experienced Georgia premises liability attorney handle communications with insurers can help prevent these tactics from undermining your case.
Mistakes That Can Weaken a Premises Liability Claim in Georgia
Even strong cases can be damaged by avoidable errors. Insurance companies rely on these mistakes to strengthen their defense.
Giving Recorded Statements Without Legal Advice
Adjusters may ask for recorded statements shortly after an accident. These conversations are often used to identify inconsistencies or statements that can be twisted to imply fault.
Failing to Seek Immediate Medical Care
Delaying treatment gives insurers an opportunity to argue that your injuries weren’t serious or weren’t caused by the accident.
Posting About the Incident on Social Media
Photos or posts can be taken out of context to challenge the severity of your injuries or your version of events.
Waiting Too Long to Document Evidence
Hazards can be repaired quickly after an accident. Without photos, witness information, or incident reports, proving negligence becomes much harder.
How Brandon Smith Law Fights Back Against Insurance Companies
Premises liability cases require more than simply filing a claim — they demand strategic legal action.
At Brandon Smith Law, our Georgia premises liability attorneys take a proactive approach to countering insurance defense tactics, including:
Conducting thorough property inspections and investigations
Securing surveillance footage and maintenance records
Working with safety engineers and medical experts
Identifying every potentially liable party, from landlords to security contractors
By building strong, evidence-based cases, we help level the playing field against powerful insurance companies.
Why Local Georgia Experience Matters in Premises Liability Cases
Premises liability law varies significantly from state to state. Georgia’s modified comparative negligence rules, visitor classifications, and duty-of-care standards make these cases uniquely complex.
Local experience matters when dealing with:
Georgia courts and procedural rules
State-specific insurance practices
Regional property standards and safety expectations
Whether an accident occurs in a retail store, apartment complex, parking lot, or commercial property, working with a law firm that understands Georgia law can make a significant difference in the outcome of your case.
Protect Your Claim Before the Insurance Company Defines It
Insurance companies move quickly after a premises liability accident — often faster than injured victims realize.
The sooner you understand their strategies, the better positioned you’ll be to protect your rights.
If you or a loved one has been injured due to unsafe property conditions anywhere in Georgia, Brandon Smith Law is here to help. Our team focuses on holding negligent property owners accountable while protecting clients from unfair insurance tactics.