A stairway claim is a premises claim, so the first questions are who controlled the stairs, why the injured person was there, and what the owner knew. What sets it apart is the kind of proof: stair cases can turn on measurements and repair history instead of a spill.
| Stair problem | What gets looked at | Possible reply |
|---|---|---|
| Uneven risers or treads | A measurement by an engineer; the code edition in force when built | The person used those stairs before |
| Loose or missing handrail | Work orders, tenant complaints | Nobody reported it |
| Worn or slippery nosing | Inspection and maintenance logs | It was visible |
| Poor lighting | Lighting at that hour, burned-out fixtures | The person knew it was dark |
For a customer or tenant in a common area, O.C.G.A. § 51-3-1 requires ordinary care. A landlord who has handed over possession answers only for “defective construction” or failure “to keep the premises in repair” under § 44-7-14, so a stair inside a rented house is a narrower claim than one in an apartment complex’s shared stairwell. A social guest falls under § 51-3-2, where the duty is much smaller.
Static defects bring in the prior traversal rule: someone who walked the same stairs safely before is presumed to know of a defect that was plain to see. A defect that wasn’t visible, like a loose tread, doesn’t fit that presumption well.
A building code violation can support negligence per se, though only if it caused the fall. If a builder is the target, O.C.G.A. § 9-3-51 sets an eight-year limit after substantial completion, on top of the two-year injury period in § 9-3-33.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.