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Georgia Child Premises Liability and Attractive Nuisance Law

When your child ventures onto another person’s property with permission, they typically assume the legal status of an “invitee” under Georgia law. As an invitee, the premises owner is entrusted with a duty to ensure the safety and well-being of those on their property, including protecting them against foreseeable harm. This duty entails a responsibility to exercise reasonable care in identifying and addressing any potentially dangerous conditions that may exist on the premises. If an owner can reasonably anticipate the presence of such hazards, they are obligated to take appropriate measures to mitigate the risk of injury to invitees. Failure to fulfill this duty of care can render the owner negligent, thereby potentially exposing them to liability for any injuries sustained by your child as a result of the hazardous condition. It is essential for property owners to remain vigilant and proactive in maintaining a safe environment for all invitees who enter their premises.

Attractive Nuisance Liability 

Even if the child was trespassing on the property, the legal principle known as the “attractive nuisance” doctrine holds that an owner can still be held liable for injuries sustained by the child. This doctrine recognizes that certain conditions or features on a property may inherently attract children despite their trespassing status. These conditions are often referred to as “attractive nuisances.” The rationale behind the doctrine is grounded in the understanding that young children may lack the maturity and judgment to recognize and appreciate the risks associated with these enticing features. Some dangerous conditions that pose foreseeable harm to young children include:

  • Swimming pools
  • Low/reachable objects that are hot, sharp or electrically charged
  • Chemicals/bleach
  • Hidden dangers
  • Open gates/doors to busy streets or dangerous work areas
  • Open windows/balconies
  • Accessible industrial equipment or medicine containers
  • Pinch points

Property owners have a duty to take reasonable precautions to safeguard against foreseeable harm, even if the child is technically trespassing. This duty may include implementing safety measures such as fencing, locking gates, posting warning signs or otherwise restricting access to dangerous areas. Failure to fulfill this duty of care can result in the property owner being held legally responsible for any injuries sustained by a trespassing child on their premises.

Accomplished Georgia Premises Liability Law Firm

If your child has suffered injury or tragically lost their life while on the property of another individual, you may potentially have grounds for a premises liability or attractive nuisance case. These legal avenues enable you to seek justice and compensation for the harm inflicted upon your child due to the negligence or recklessness of the property owner. At Burnside Law Firm LLP, our dedicated team of attorneys specializes in providing effective and knowledgeable legal guidance in premises liability cases involving children and families across Georgia. We understand the profound emotional and financial toll that such incidents can exact upon families, and we are committed to advocating tirelessly on behalf of our clients to ensure they receive the justice and support they deserve.

To explore your legal options and receive personalized advice tailored to your specific situation, we encourage you to contact one of our experienced Augusta premises liability or falling merchandise injury attorneys for a free initial consultation. During this confidential meeting, we will listen attentively to your concerns, assess the circumstances surrounding your child’s injury or loss, and provide you with clear and comprehensive information about your rights and legal remedies. You can trust our compassionate and skilled legal team to guide you through the complexities of your child injury case, fighting steadfastly to secure a favorable outcome on your behalf. Don’t hesitate to call us today to take the first step toward seeking justice and accountability for your child’s injuries.

Protection for Children

Under Georgia case law, it is firmly established that individuals who own or have control over property are entrusted with a particular duty concerning children, owing to the recognized understanding that children lack the capacity to foresee and avoid potential dangers to the same extent as adults. Consequently, property owners are obligated to take reasonable and prudent measures to ensure that their premises are maintained in a safe condition and are devoid of hazards that could threaten children’s well-being. This duty of care extends to various aspects of property maintenance and management, including but not limited to ensuring that potentially dangerous areas are adequately secured or inaccessible to children, promptly addressing any known hazards or defects on the property, and implementing appropriate safety measures to prevent accidents or injuries.

In a recent premises liability case, a 3-year-old child was playing in a gym during his brother’s basketball game. One of the metal bleachers was missing a protective covering on the end, leaving an exposed jagged edge about head height. The bleacher struck the child, slicing his forehead. The injury required numerous stitches and caused residual keloid scarring. In this case, the owner knew of the condition and failed to exercise reasonable care to keep the premises safe and protect against foreseeable injuries. He should be responsible for the pain and suffering experienced by the young child, his present and future medical expenses, and the permanent disfigurement caused by the scarring.

Contact Us for a Skilled Georgia Premises Liability Attorney

Obtain the assistance of an experienced Georgia premises liability lawyer. At Burnside Law Firm, we help children and their families throughout Georgia get full compensation for injuries sustained in an unsafe premises case. To learn more about your options, contact us to schedule a free initial consultation.

To help us better understand your child’s injury issue, please fill out our intake form.

Contact Us


2919 Professional Pkwy

Augusta, GA, 30907

Phone: (706) 432-8320


325 North Milledge Avenue

Athens, GA, 30601

Phone: (706) 227-4264

We have recovered tens of millions in settlements and verdicts

The attorneys at Burnside Law Firm LLP have over 30 years of collective experience handling personal injury claims. Over that time, we have helped hundreds of injured people recover the compensation they deserve and need in order to begin putting their lives back together. This list is just a sample of the recoveries we have obtained for some of our clients here and during our time at our former firm, Burnside Wall LLP. Obviously, success in obtaining significant judgments and settlements for other clients is no guarantee of success in your case. Each case must be evaluated and handled based on the individual merits of that particular case. To discuss the facts of your case and learn more about your legal rights, contact one of the personal injury attorneys at Burnside Law Firm LLP for a free initial consultation.

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Workplace Accident/Leg Injury


Medical Malpractice/Surgery Complication


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Meet The Team

Thomas R. Burnside III Personal Injury Attorney

Thomas R Burnside III

Thomas R. Burnside III is a personal injury lawyer who focuses his law practice on the representation of individuals who have suffered injury as a result of automobile collisions, trucking accidents, medical malpractice, work related accidents or other causes. With over 20 years of experience in personal injury law at both the trial and appellate court levels, Attorney Burnside has represented people with brain and head trauma...

Meet Thomas Burnside
Garon Muller Personal Injury Attorney

Garon Muller

Garon Muller is a trial lawyer who focuses his law practice on the representation of individuals who have been seriously injured or damaged through the negligence or recklessness of others, including automobile collisions, workplace injuries, premises injuries, or defective products. Before beginning his practice in the representation of injured individuals, Mr. Muller served the community as an Assistant District Attorney...

Meet Garon Muller
Robert MacGregor

Robert MacGregor

Robert MacGregor is an experienced trial attorney licensed to practice law in Georgia and South Carolina. At the Burnside Law Firm, Robert devotes his practice to protecting the rights of individuals who have been injured because of someone else’s carelessness, negligence, or recklessness and represents those who have been injured in automobile collisions or tractor-trailer accidents; because of a slip and fall; and in other general negligence actions.

Meet Robert MacGregor

Ashton Revollo

Ashton is a trial lawyer in Augusta, GA who focuses his law practice on the representation of individuals who have suffered serious injuries or damages due to the negligent or reckless conduct of others, including automobile wrecks, job-related accidents, unsafe premises, or defective
products. Before beginning his practice, Ashton obtained his J.D., at Emory University School of Law, where he gained valuable courtroom experience as an intern assisting the District Attorney for DeKalb
County. After his time at Emory, Ashton received experience as a trial attorney at a respected personal injury firm in Atlanta before moving to Augusta. Over the course of his career, Ashton has assisted deserving clients in recovering millions of dollars in injury cases throughout Georgia.

Meet Ashton Revollo

Our Client Testimonials

Our Client Reviews

Burnside Law Firm

5.0 / 5.0

Based on 38 reviews

Erin Wren

After my car accident they helped me every step of the way! They were up front and answered any questions I had! They negotiated the insurance and got a higher settlement than was offered! I would definitely use them again!

Debbie Walker

In November 2017, I was in a car accident and I decided to seek out legal assistance. I chose to go with Burnside Law Firm, LLP because of their five star rating. My inital consultation was with attorney, Mr. Garon Muller. I knew immediately that I wanted Mr. Muller to take my case. His professionalism and expertise in personal injury made my decision easy. Mr. Muller maintained his professionalism throughout my case. He kept me updated on a regular basis via telephone or email. He was always available to me when I call. I did not have to wait 24 hours to get a call back from him. I would greatly recommend Mr. Muller and the Burnside Law Firm, LLP.

Rick Estep

Burnside Law Firm is who you want to represent you. Mr. Muller came to our house for a free consultation without hesitation. He guided us and overcame every obstacle we encountered. He secured the maximum insurance limits for us and we couldn't be more happy. If you are injured, DO NOT attempt to recoup compensation without the expertise of a trusted, skilled and able law firm to be your voice. THANK YOU MR. MULLER!!!

Alexander Hughes

Garon Muller with Burnside Law Firm makes client satisfaction his priority. Mr. Muller made sure that I had a lucid understanding during every discussion. He never made a decision without my input and made me feel like we were partners. Garon Muller was very professional and push for the maximum dollar amount from the insurance company. Me and my family considered ourselves blessed to have been represented by Garon Muller with Burnside Law Firm. We highly recommend Garon Muller and Burnside Law Firm! Burnside Law Firm staff are exceptional and exceeded our expectations.

Lynn Eldridge

I have known the Burnside family for many years. Recently Thomas was most helpful in getting my check following an auto collision. I highly recommend their firm.

Damien Williams

I definitely felt comfortable in there hands really good people.

Jacob Clements

Very very good law firm. Went above and beyond to make things right. Highly reccomend.

Barbara Huskinson

Burnside Law did what they said they would do. Garon Muller was great in communicating and looked out for my best interest in getting what was fair in my settlement. I would recommend Burnside to anyone.

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    2919 Professional Pkwy

    Augusta, GA, 30907

    Phone: (706) 432-8320


    325 North Milledge Avenue

    Athens, GA, 30601

    Phone: (706) 227-4264