Premises Liability
One of Georgia’s Most Comprehensive Premises Liability Practices
McLain & Merritt maintains one of the most comprehensive and experienced premises liability defense practices in the State of Georgia. Over decades of representation, the firm’s premises liability team has handled thousands of claims, ranging from routine slip-and-fall matters to catastrophic injury, wrongful death, and high-exposure security incidents.
The firm has defended cases in counties throughout Georgia, in all Georgia federal districts, before the Georgia Court of Appeals and the Georgia Supreme Court, and in the United States Court of Appeals for the Eleventh Circuit.
Our clients rely on us in matters where outcomes, precedent, cost control, and brand reputation matter.
Clients and Industries We Serve
McLain & Merritt represents insurers, self-insured corporations, and risk management professionals across a wide range of industries, including:
- National and regional retailers
- Grocery and big-box stores
- Restaurants and hospitality groups
- Hospitals and healthcare facilities
- Shopping malls and mixed-use developments
- Apartment complexes and multi-family housing
- Hotels and resorts
- Entertainment and recreational venues
Strategic Defense from Day One
Every premises liability matter begins with a focused investigation. Our attorneys work promptly to preserve evidence, understand the facts, document findings, and make remedial recommendations where appropriate.
As members of a national retailers’ rapid response teams, the firm has investigated numerous high-exposure incidents involving catastrophic injury and fatalities, assisting clients with evidence preservation, internal reporting, and early risk assessment.
When necessary, the firm utilizes mock trials and focus groups to test trial themes, refine defense strategies, and evaluate exposure well in advance of trial.
Scope of Premises Liability and Related Tort Defense
The firm’s premises liability practice extends beyond traditional slip-and-fall litigation. McLain & Merritt routinely defends businesses in a broad range of tort claims arising from business operations, including:
- Slip, trip, and fall incidents
- Falling merchandise and display failures
- Employee and contractor active negligence — on-premises and off-premises
- Including automobile and trucking accident claims
- Negligent hiring, training, supervision, and retention
- Workplace violence incidents
- Sexual assault claims
- Negligent security litigation
- “Last Mile” gig-economy personal injury and property damage cases
- Asset protection claims, including:
- Malicious prosecution
- False arrest
- False imprisonment
- Product liability claims
- Parking lot, site design, and facility layout liability
In practical terms, if a tort claim can confront a business, the firm has experience addressing it.
Trial and Appellate Experience
McLain & Merritt’s attorneys are experienced trial lawyers who understand how to manage complex fact patterns, aggressive plaintiffs’ counsel, and sensitive claims involving catastrophic injury, wrongful death, workplace violence, sexual assault, and fatal incidents.
The firm has successfully:
- Navigated complex discovery disputes
- Overcome adverse evidence
- Positioned cases for dismissal or summary judgment
- Taken cases through trial in state and federal courts
- Defended favorable outcomes on appeal
The firm also understands the public, private, and reputational considerations involved in high-exposure matters and approaches each case accordingly.
Representative Matters*
- Premises liability wrongful death following head injury from fall from electric cart at a big-box retailer
- Summary judgment granted for defendant and affirmed on appeal by the Georgia Court of Appeals
- Premises liability slip-and-fall at a big-box retailer
- Defense verdict following jury trial in the U.S. District Court for the Northern District of Georgia, Atlanta Division
- Malicious prosecution claim against a national retailer
- Summary judgment granted for defendant and affirmed on appeal by the Georgia Court of Appeals
* Disclaimer: Every case is different. Past results do not guarantee future outcomes.
Commitment to Cost-Effective Resolution
In keeping with the firm’s objective of delivering optimal results as cost-effectively as possible, the premises liability practice group is proud of its track record in claim resolution. The firm works closely with clients to align defense strategy with litigation budgets, risk tolerance, and long-term business goals.
Strategic Defense Starts Early
If your organization faces a premises liability, product liability, or high-exposure tort claim in Georgia, McLain & Merritt is prepared to assist from first notice through final resolution.
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