What Is Premises Liability in Georgia?

Premises liability is the area of Georgia law that holds property owners and occupiers legally responsible when someone is injured due to an unsafe condition on their property. Under O.C.G.A. § 51-3-1, property owners must exercise ordinary care to keep their premises and approaches safe for people who come upon the property. When a property owner fails to maintain safe conditions and someone is injured as a result, the property owner may be liable for the victim’s medical expenses, lost wages, pain and suffering, and other damages.

The Legal Basis for Premises Liability in Georgia

Georgia’s premises liability framework is built on the concept that people who own or control property have a responsibility to maintain it in a reasonably safe condition. O.C.G.A. § 51-3-1 states that owners and occupiers of land are liable in damages to those who come upon the property when the owner or occupier fails to exercise ordinary care to keep the premises and approaches safe.

This statute applies broadly. It covers not only the property itself but also the “approaches” to the property, which includes sidewalks, parking lots, stairways, and entryways. It applies to private homeowners, commercial businesses, landlords, property management companies, government entities, and any other person or organization that owns or controls property.

Duty of Care Based on Visitor Status

The level of care a property owner owes depends on the legal classification of the person who enters the property. Georgia recognizes three categories:

Invitees

Invitees are people who enter the property for the mutual benefit of both the visitor and the property owner, or who enter in response to an express or implied invitation. The most common examples are customers in stores, restaurant patrons, hotel guests, and patients at medical offices. Property owners owe invitees the highest duty of care, which includes:

• Regularly inspecting the premises for hazards
• Promptly repairing known dangerous conditions
• Warning invitees about known hazards that cannot be immediately fixed
• Maintaining reasonably safe conditions throughout the property

Licensees

Licensees are people who enter the property with the owner’s permission but not for the mutual benefit of both parties. Social guests are the most common example. Property owners owe licensees a duty to warn about known hazards but are not required to inspect the property for unknown dangers. The owner must not willfully or wantonly cause injury to a licensee.

Trespassers

Trespassers are people who enter the property without permission. Property owners owe trespassers the lowest duty of care, generally limited to not willfully or wantonly injuring them. However, Georgia’s attractive nuisance doctrine creates an exception for children. Under this doctrine, a property owner may be liable for injuries to a child trespasser if the property contained a condition likely to attract children, the owner knew or should have known children were likely to trespass, and the owner failed to take reasonable steps to protect against the danger.

Types of Premises Liability Cases

Premises liability encompasses a wide variety of accident types:

• Slip and fall accidents: Wet floors, spilled substances, uneven surfaces, torn carpet, icy walkways, and other conditions that cause a person to lose their footing
• Trip and fall accidents: Broken sidewalks, raised floor edges, exposed cables or wires, potholes in parking lots, and debris in walkways
• Negligent security: When a property owner fails to provide adequate security measures and a visitor is assaulted or robbed on the property, including apartment complexes, parking garages, and retail establishments
• Swimming pool accidents: Drownings and near-drownings caused by lack of fencing, absence of lifeguards, broken pool equipment, or inadequate warnings
• Elevator and escalator accidents: Malfunctions, sudden stops, door closures, and maintenance failures
• Falling objects: Merchandise falling from store shelves, construction debris falling on pedestrians, or ceiling components falling in buildings
• Toxic exposure: Exposure to mold, lead paint, asbestos, or other hazardous substances on a property
• Dog bites and animal attacks: While sometimes handled under separate statutes, these may also fall under premises liability when they occur on the animal owner’s property

Proving a Premises Liability Claim

To succeed in a premises liability case in Georgia, you must prove:

1. The property owner or occupier owed you a duty of care based on your status as an invitee, licensee, or trespasser
2. A hazardous condition existed on the property
3. The property owner had actual or constructive knowledge of the hazardous condition
4. The property owner failed to correct the hazard or provide adequate warning
5. The hazardous condition caused your injuries

The knowledge element is the most difficult to prove and the most frequently contested. An experienced premises liability attorney can obtain inspection records, maintenance logs, prior incident reports, and surveillance footage to establish that the property owner knew or should have known about the dangerous condition.

Property Owner Defenses in Georgia

Property owners commonly raise several defenses in premises liability cases:

• Lack of knowledge: The property owner argues they did not know and had no reason to know about the hazardous condition
• Open and obvious: The hazard was so apparent that the visitor should have seen and avoided it
• Comparative fault: Under O.C.G.A. § 51-12-33, the property owner argues the visitor was partially at fault for not paying attention, wearing inappropriate footwear, or ignoring warning signs
• No causation: The property owner argues the hazardous condition did not actually cause the injuries claimed

Related Questions

• How do I prove a slip and fall case in Georgia?
• Can I sue a store for a slip and fall in Georgia?
• What damages can I recover in a slip and fall case?
• What if I was partially at fault for my slip and fall?
• Do I need a lawyer for a slip and fall case?

Injured on Someone Else’s Property?

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If you have been injured in an accident in Georgia, the experienced attorneys at Wetherington Law Firm can help you understand your legal options. We handle personal injury cases on a contingency fee basis, which means you pay nothing unless we recover compensation for you.

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