Whoever controlled the exact spot where the person was hurt. At a shopping center that may be the center’s owner, its management company, an individual tenant, or a contractor, and the lease may decide it.
| Where it happened | First party to look at | What to check |
|---|---|---|
| Inside a store | The tenant in possession | Who stocked, cleaned, or fixed that area |
| Walkway, stairs, common hall | Owner or management company | Lease language on "common areas"; janitorial contract |
| Parking lot | Owner, management company, or a tenant given control | Who striped, lit, plowed, or repaired it |
| Escalator or elevator | Owner or lessee, and the service company | O.C.G.A. § 8-2-101 places maintenance on the owner or lessee |
O.C.G.A. § 51-3-1 applies to an “owner or occupier” who invites people in. A landlord who has fully given up possession of a store is protected by § 44-7-14, but still answers for “defective construction” or failure to keep the premises in repair. In a shared area the landlord hasn’t given up possession at all.
Assaults at a mall are under a separate article for claims arising on or after April 21, 2025. Sections 51-3-50 to 51-3-57 apply to both owners and security contractors and need a known physical condition of the premises.
Practical steps: get the store and center incident reports, and photograph signage with the management company’s name. A demand sent to only one party may miss the one that controls the video. The general filing period is two years, § 9-3-33. Under § 51-12-33, the jury can spread fault among the parties, including nonparties named by the defense at least 120 days before trial.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.