How does visitor status affect a Georgia premises liability claim?

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.

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