Visitor status decides the duty owed. In Georgia the same broken step can produce a full negligence case for a shopper, a nearly impossible one for a dinner guest, and no case for a trespasser.
| Status | Who | Owner's duty | Source |
|---|---|---|---|
| Invitee | Someone invited for a purpose tied to the owner's business or interest, such as a customer, tenant in a common area, or repair person | Ordinary care, including inspection, for premises and approaches | O.C.G.A. § 51-3-1 |
| Licensee | Someone with permission, there for their "own interests, convenience, or gratification," such as a social guest | Only "willful or wanton injury" | § 51-3-2 |
| Trespasser | Someone with no permission | Only refrain from "a willful or wanton injury" | § 51-3-3(b) |
Georgia courts treat a known hidden peril as a willful or wanton problem for a licensee: once the owner should expect the person near it, failing to warn can count. A trespasser whose presence is known may get a similar protection.
Status can change. A customer who goes through a door marked staff only may stop being an invitee. Someone cutting across a parking lot with no reason to be there is at best a licensee.
Children are treated differently. Section 51-3-3(c) preserves attractive nuisance common law for a child trespasser. An invited child stays under § 51-3-1.
A separate statute, §§ 51-3-20 to 51-3-25, covers land opened free for recreation. Crime-related claims since April 21, 2025 have separate invitee and licensee tests in §§ 51-3-51 and 51-3-52.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.