When you suffer an injury on someone else’s property in Macon, Georgia, one legal concept
determines everything: notice. Not the severity of your injury. Not how dangerous the hazard was.
Not how much you suffered. Notice.

Did the property owner know (or should they have known) about the danger that hurt you? This
single question decides whether you receive fair compensation or walk away with nothing.

At Gautreaux Law, we’ve spent over 20 years proving notice in premises liability cases throughout
Georgia. This guide explains what notice is, why surveillance footage erases before legal deadlines
expire, and how we gather evidence in the critical first 48 hours.

Key Takeaways: What You Need to Know About Notice

Notice is everything: Property owners are only liable if they knew or should have known about the
hazard.

Two types exist: Actual notice (direct knowledge) and constructive notice (should have discovered
through reasonable inspection).

Evidence disappears fast: Surveillance footage erases within 30-90 days (long before Georgia’s
two-year lawsuit deadline).

The 48-hour window matters: Critical evidence must be preserved immediately through legal
preservation letters.

You bear the burden: You must prove the property owner had notice. They don’t have to prove
ignorance.

Timeline is proof: How long a hazard existed determines whether constructive notice applies.

What Is “Notice” in Georgia Premises Liability Law?

Georgia law requires property owners to maintain reasonably safe premises (O.C.G.A. § 51-3-1).
However, owners aren’t automatically liable for every injury on their property. The injured person
must prove the owner either knew about the hazard or should have discovered it through
reasonable care.

This is “notice.” It’s the bridge between a dangerous condition existing and the property owner
being legally responsible for injuries it causes.

Why Notice Matters More Than Your Injury

A severe injury doesn’t automatically create a valid case. Consider this example:

A man trips on a cracked sidewalk outside a store and breaks his leg. If that crack formed one hour
before the accident, the store owner might not be liable because no reasonable inspection schedule
could have caught it. But if that crack existed for six months with visible wear and deterioration, the owner should have discovered it. Constructive notice exists, creating liability.

The lesson: Timing and knowledge create liability, not just the fact that injury occurred.

Actual Notice vs. Constructive Notice

Actual Notice: Direct Knowledge of the Hazard

Actual notice means the property owner had direct, personal knowledge of the dangerous condition
before your injury. This is the strongest form of notice because it eliminates questions about
whether the owner should have known.

Evidence of actual notice includes:

• Complaint logs showing someone notified the property owner about the hazard
• Employee testimony confirming management was told about the dangerous condition
• Incident reports documenting previous injuries at the same location
• Emails, text messages, or work orders requesting repair or maintenance
• Maintenance records showing awareness of ongoing problems

Example: A restaurant owner knows the walk-in freezer has been leaking water onto the floor for
two weeks but fails to repair it or warn customers. Someone slips on that water and gets injured.
The restaurant owner had actual notice.

Constructive Notice: They Should Have Known

Constructive notice applies when a hazard existed long enough that a reasonable property owner,
through ordinary inspection and care, would have discovered it.

Georgia courts don’t apply fixed time periods. Instead, they consider:

• Nature of the hazard
• Location and foot traffic
• Property owner’s inspection practices
• Industry standards for similar properties

Evidence of constructive notice includes:

• Surveillance footage showing how long the hazard was present
• Physical evidence (dirt in a spill, rust on broken railing, wear patterns on defective flooring)
• Multiple prior complaints about similar hazards
• Inspection logs showing infrequent or inadequate property inspections
• Weather records for outdoor hazards

Which Type Is Easier to Prove?

Actual notice is harder to find but creates powerful leverage when you have it. Direct evidence that
the owner knew and did nothing is devastating in negotiations and at trial.

Constructive notice is more common and requires systematic investigation. Engineers examine
physical evidence. Surveillance footage establishes timelines. At Gautreaux Law, we pursue both
simultaneously.

How Long Does a Property Owner Have to Fix a Hazard?

Property owners don’t have unlimited time to address hazards, but the law doesn’t provide a simple
chart showing “how long is too long” for each situation.

Factors Courts Consider

Nature of the hazard: Water in a grocery store aisle requires immediate attention. A crack in a
rarely used parking lot allows more time.

Location and traffic: High-traffic areas demand faster response. A defect in a main entrance
requires quicker action than one in a storage area.

Severity of danger: Hazards posing immediate serious injury risk require faster correction than
minor defects.

Industry standards: Courts examine what similar property owners typically do. If most grocery
stores inspect floors hourly, failing to do so may establish constructive notice.

The property’s own policies: If a business has written procedures requiring certain inspection
frequencies, failure to follow them can prove notice.

When Does the Clock Start?

For actual notice: When the property owner gains knowledge through employee reports, customer
complaints, or personal observation.

For constructive notice: When the hazard comes into existence or becomes reasonably
discoverable. This is why physical evidence showing how long a hazard existed becomes critical.

The Five Types of Evidence That Prove Notice

Proving notice requires specific evidence types, much of it time-sensitive. Security footage gets
erased, hazards get repaired, witnesses forget. This is why we act immediately when someone
contacts us.

1. Surveillance Footage

Video evidence is often the most powerful tool for proving notice. Surveillance can show:

• Exactly how long a hazard existed before your injury
• Whether employees walked past it without addressing it
• Whether warning signs were in place
• Customer reactions (others avoiding the hazard)

Critical timing issue: Many businesses automatically erase surveillance footage after 30, 60, or 90
days. We send legal preservation letters immediately after being retained. These letters put property
owners on notice that they must preserve all video evidence.

2. Incident and Maintenance Reports

Property owners maintain documents that can prove notice:

• Prior incident reports showing previous injuries at the same location
• Maintenance request logs documenting when employees reported hazards
• Safety inspection records revealing inspection frequency
• Employee shift reports mentioning the hazard
• Repair work orders showing awareness of problems

During litigation, we use legal discovery to obtain these documents. Property owners must produce
them, and failure to do so can result in court sanctions.

3. Witness Testimony

Witnesses we seek:

• Other customers who saw the hazard before your accident
• Employees who knew about the dangerous condition
• Managers who received reports about the hazard
• Expert witnesses (engineers, safety professionals)

Finding witnesses requires immediate action. We conduct scene investigations within days of an
injury.

4. Physical Evidence of Duration

Sometimes the hazard itself reveals how long it existed:

• Rust or corrosion on metal railings (indicates weeks or months)
• Dirt or debris accumulation in a liquid spill (indicates hours)
• Wear patterns on flooring or steps (indicates ongoing problem)
• Weather data showing when outdoor conditions developed

We often work with engineers who can analyze physical evidence and provide opinions about how
long a defect existed.

5. Company Policies and Procedures

Property owners often have written safety policies and maintenance schedules. When they fail to
follow their own rules, those policies become evidence against them.

Example: A grocery store has written policy requiring floor inspections every two hours, but
inspection logs show inspections weren’t conducted as required. This helps prove constructive
notice.

The 48-Hour Evidence Preservation Protocol

At Gautreaux Law, we’ve developed a systematic approach that maximizes your chances of proving
notice.

Hour 0-24: Immediate Preservation

Within 24 hours of being retained:

• Send formal preservation letters requiring property owner to preserve all evidence
• Identify all surveillance camera locations
• Document surveillance system capabilities (retention periods, coverage areas)
• Request immediate access to footage
• Send follow-up to property owner’s insurance company

Why this matters: Some businesses erase footage on 30-day cycles. If your accident happened 29
days ago, we have 24 hours to preserve that evidence.

Hour 24-48: Scene Investigation

During the first 48 hours:

• Conduct thorough accident scene investigation
• Take detailed photographs (wide angle and close-up)
• Take measurements of hazard and surrounding area
• Document lighting conditions
• Photograph any warning signs or lack thereof
• Interview witnesses at or near the scene
• Identify property management and ownership

Week 1: Document Requests

Within the first week:

• Request property maintenance logs
• Request prior incident reports
• Request employee schedules (who was working when hazard developed)
• Request safety inspection records
• Request company policies on inspections and maintenance
• Request training records for employees

Ongoing: Expert Analysis

For complex cases:

• Engineering analysis of physical evidence
• Safety expert testimony on industry standards
• Timeline reconstruction showing hazard duration
• Visual presentations for settlement negotiations or trial

Common Mistakes That Destroy Notice Claims

Over 20 years of handling premises liability cases in Macon and throughout Georgia, we’ve seen
avoidable mistakes that hurt cases.

Mistake 1: Waiting Too Long to Report

The problem: When you delay reporting, surveillance footage may erase before it can be
preserved, hazards may be repaired, and witnesses may become impossible to locate.

The solution: Report your injury to the property owner immediately, preferably in writing. Keep a
copy.

Mistake 2: Not Documenting the Scene

The problem: Without your own documentation, you rely entirely on the property owner’s records,
which may be incomplete or self-serving.

The solution: If physically able after an injury, use your smartphone to photograph:

• The hazard that caused your injury (wide and close-up shots)
• The surrounding area
• Any warning signs or lack thereof
• Lighting conditions
• Your injuries
• Anything showing how long the hazard existed (rust, wear patterns, dirt accumulation)

Mistake 3: Giving Recorded Statements Without Legal Advice

The problem: Insurance adjusters contact injured people quickly requesting recorded statements.
Without legal guidance, you might give answers that hurt your case, even when telling the truth.

The solution: At Gautreaux Law, we handle all communications with property owners and
insurance companies. This protects you from saying something that could be used against you later.

Mistake 4: Assuming You Have No Case Because the Hazard Was “Obvious”

The problem: Georgia law recognizes the “open and obvious” defense, but important exceptions
exist, including the distraction doctrine and situations involving unavoidable use of the area.

The solution: Don’t assume your case has no value. Legal analysis is required to determine whether
exceptions apply.

How Notice and Comparative Negligence Interact

Understanding how notice and Georgia’s comparative negligence rule work together is important for
evaluating your claim.

Georgia’s Comparative Negligence Rule

Georgia follows modified comparative negligence (O.C.G.A. § 51-12-33). If you’re partially at fault
for your own injury, your compensation is reduced by your percentage of fault. If you’re 50% or
more at fault, you recover nothing.

How Strong Notice Evidence Protects You

Property owners often argue YOU were also negligent:

• You weren’t watching where you were going
• You were distracted by your phone
• You were wearing inappropriate footwear
• You ignored warning signs or barriers

Strong notice evidence defeats these defenses:

When surveillance footage shows a hazard present for 30 or more minutes with employees walking
past it, the property owner’s greater fault becomes clear. It’s harder for them to blame you for not
seeing in one second what their employees ignored for 30 minutes.

The Two-Question Framework

Question 1: Did the property owner have notice of the hazard?

• If NO, the case likely fails regardless of your actions
• If YES, proceed to Question 2

Question 2: Were you also partially at fault?

This determines how much compensation you can recover

Example: You slip on a wet floor in a store. We prove through surveillance that the spill was there
for 30 minutes and three employees walked past it (establishing constructive notice). However, the
store shows a yellow warning cone was placed near the spill and you walked around it while
looking at your phone.

A jury might find the store 70% at fault and you 30% at fault. You would recover 70% of your total
damages.

Why Visitor Status Affects Notice Requirements

Georgia recognizes three visitor types with different notice requirements:

Invitees (customers, business guests): Property owners must actively discover hazards through
regular inspection. Constructive notice applies fully. This guide focuses on invitee cases where
proving notice determines liability.

Licensees (social guests): Owners liable only for known hazards (actual notice). No duty to inspect.

Trespassers: No duty of care except to avoid willful harm. Notice requirements don’t apply, except
attractive nuisance doctrine for children.

Real Georgia Cases: How Notice Determined the Outcome

Case Example: Grocery Store Slip and Fall

A customer slipped on a banana peel in a grocery store aisle and suffered a broken wrist. The store
argued they had no notice of the banana peel.

However, surveillance footage obtained through litigation showed the banana peel had been on the
floor for an extended period before the customer fell. Multiple employees had walked past it
without picking it up or warning customers.

The case was resolved favorably for the injured customer.

Note: Past results do not guarantee similar outcomes. Each case depends on its specific facts.

Case Example: Apartment Stairway Collapse

A tenant fell through a rotted wooden step on an exterior stairway at an apartment complex,
resulting in a serious leg injury. The landlord’s defense: he had recently purchased the property and
had no knowledge of stairway problems.

Investigation revealed no prior tenant complaints. Without proof the defect existed long enough for
the landlord to discover it, the case faced significant challenges.

The critical difference: Strong evidence of duration and opportunity to discover makes the
difference between success and failure.

Evidence Red Flags That Terrify Defense Lawyers

After 20 years of proving notice, we know which evidence makes property owners settle quickly:

Surveillance Gold

• Video showing hazard present 20 or more minutes before accident
• Footage of employees walking past hazard without action
• Multiple customers avoiding or reacting to the danger before your fall
• Timestamp showing hazard developed during business hours with staff present

Document Disasters

• Prior complaints about the same hazard location
• Maintenance logs showing overdue repairs
• Emails mentioning the hazard weeks before your accident
• Inspection schedules that weren’t followed
• Work orders that were ignored

Physical Proof

• Rust or corrosion on broken railings (proves weeks or months old)
• Dirt accumulation in liquid spills (proves hours old)
• Wear patterns on defective flooring (proves ongoing problem)
• Weather data contradicting owner’s timeline

Witness Testimony

• Employees who reported hazard to management
• Other customers who saw hazard before your accident
• Neighboring businesses aware of the condition
• Expert testimony on hazard duration based on physical evidence

When we find three or more of these, settlement negotiations shift dramatically in your favor.

Notice Failures That Kill Cases

We’ve seen strong injury cases fail because notice couldn’t be proven. Learn from these mistakes:

Case Killer 1: The “Brand New” Hazard

Scenario: Customer slips on spilled soda. Store proves the spill happened 90 seconds before the
fall.

Result: No reasonable inspection frequency could have caught it. No notice means no liability.

Prevention: Gather evidence showing the hazard existed longer than the property owner claims.
Look for witness statements, surveillance from before the owner’s claimed timeline, or physical
evidence inconsistent with “brand new” status.

Case Killer 2: The Erased Footage

Scenario: Injured party waits 120 days to contact a lawyer. Surveillance footage automatically
erased after 90 days.

Result: No video means no proof of hazard duration or employees ignoring the danger.

Prevention: Contact an attorney within 48 hours. We send preservation letters immediately, putting
property owners on legal notice that destroying evidence may result in sanctions.

Case Killer 3: The Repaired Evidence

Scenario: Property owner fixes hazard the same day. No photographs taken. Physical evidence
gone.

Result: Only witness is the injured party (considered biased). No independent verification of hazard
characteristics or duration.

Prevention: Document the scene immediately with photos. If unable due to injury severity, ask
witnesses to photograph. Document before the property owner has opportunity to repair.

Case Killer 4: The “Should Have Seen It” Defense

Scenario: Large pothole in parking lot, broad daylight, no obstructions. Property owner argues
hazard was so obvious that notice doesn’t matter because you should have avoided it yourself.

Result: Open and obvious defense may apply. Even with proven notice, your own negligence may
reduce or eliminate recovery.

Prevention: Document factors that made the hazard less obvious (lighting, weather, legitimate
distractions, unavoidable use of the area). Show why reasonable care didn’t prevent the accident.

Understanding Georgia’s Statute of Limitations

Georgia generally gives you two years from the date of your injury to file a premises liability
lawsuit. This deadline is strictly enforced. Miss it, and you lose your right to seek compensation,
regardless of how strong your case may be.

But Your Real Deadline Is Much Sooner

Legal deadline: 2 years to file lawsuit

Evidence deadline: 30-90 days before surveillance footage erases

Timeline breakdown:

Days 1-30:

• Footage exists and accessible
• Hazard may still be visible
• Witnesses remember details clearly
• Physical evidence hasn’t been disturbed

Days 31-90:

• Some footage systems begin overwriting
• Hazard likely repaired
• Witnesses’ memories fading
• Physical evidence may be altered

Days 91 and beyond:

• Most footage permanently erased
• Hazard certainly repaired
• Witnesses difficult to locate
• Physical evidence gone

Which deadline matters more for proving notice?

The evidence deadline. You can have two years to file suit, but without surveillance footage showing how long the hazard existed, proving constructive notice becomes exponentially harder.

This is why contacting an attorney within 48 hours is critical for notice cases.

What We Do in the First Week

When you hire Gautreaux Law for a premises liability case, we immediately begin our evidence
preservation protocol:

Day 1: Preservation Letters

• Draft and send certified legal preservation letters to property owner
• Send copies to property manager and insurance company
• Specify all evidence that must be preserved (video, documents, physical evidence)
• Include legal consequences of destroying evidence (spoliation sanctions)

Days 1-2: Scene Documentation

• Visit accident location
• Take comprehensive photographs
• Measure distances and dimensions
• Document lighting conditions at time of day matching your accident
• Identify all surveillance camera locations
• Interview witnesses at the scene

Days 2-5: Initial Investigation

• Request surveillance footage formally
• Request incident reports
• Request maintenance records
• Request property inspection logs
• Request employee schedules
• Identify property ownership and insurance information

Days 5-7: Expert Consultation

• Consult with engineers regarding physical evidence
• Consult with safety experts regarding industry standards
• Begin timeline reconstruction
• Preserve and catalog all physical evidence
• Photograph your injuries

This systematic approach ensures no notice evidence slips through the cracks.

Recoverable Damages When Notice Is Proven

Once notice is established, you can recover compensation for:

• Medical expenses (past and future)
• Lost income and earning capacity
• Pain and suffering
• Emotional distress
• Permanent disability or disfigurement
• Loss of enjoyment of life
• Rehabilitation costs

(See our comprehensive premises liability guide for complete damages breakdown.)

Contact Gautreaux Law for a Free Case Evaluation

For over 20 years, Gautreaux Law has represented injured people in Macon and throughout
Georgia, recovering more than 100 million dollars for our clients. We understand what it takes to
prove notice in premises liability cases.

When you contact our office, we will:

• Listen to your story
• Explain whether we believe you have a valid claim
• Discuss what evidence will be needed
• Take immediate action to preserve critical evidence if we represent you

Jarome Gautreaux has built his career on a simple principle: the amount of money someone has
should not dictate the justice they receive. He has never worked for corporations or insurance
companies. Instead, he focuses exclusively on helping people who have been injured through the
negligence of others.

Contact Gautreaux Law today for your free case evaluation.

Call 478-238-9758

Visit our office at 778 Mulberry Street, Macon, GA 31201

Time matters in premises liability cases, and we are here to help.