There is no single answer, because a Georgia sidewalk may be controlled by a city, a county, the state, or a private owner, and the rule changes with each. Finding out who controlled that slab comes first, since a notice deadline may already be running.
| Who controls it | Main rule | Deadline to watch |
|---|---|---|
| City | O.C.G.A. § 32-4-93 relieves a city of liability for defects in its street system if it wasn't negligent, or had no actual notice, or the defect hadn't lasted long enough for notice to be inferred; ante litem notice under § 36-33-5 | Six months from the event |
| County | County immunity limits suit; § 36-11-1 presentment | 12 months |
| State | Georgia Tort Claims Act, § 50-21-26 | 12 months from discovery of the loss |
| Private owner or occupier | § 51-3-1, ordinary care in keeping "the premises and approaches safe" | Two years, § 9-3-33 |
The word “approaches” matters for a store. A walkway leading to the door may count as an approach even if the store doesn’t own it, depending on the owner’s control and use of it. A public sidewalk that simply runs past a building is a harder claim, and a lease or local ordinance can move repair duties around, so the store, the landlord, and the city may all point at each other.
The defect still has to be proved. A heaved slab that has been there for years raises two arguments at once: that the owner should have known, and that the person walking there should have seen it too. In Robinson v. Kroger (1997), the Georgia Supreme Court made routine precautions a jury question except in plain cases, but prior use of the same route and an obvious defect can still support a defense.
Photograph the slab with something for scale before it is repaired, and note the nearest address. A city’s public works office can say who maintains that stretch.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.