What is premises liability under Georgia law?

Premises liability under Georgia law, governed by O.C.G.A. 51-3-1, holds an owner or occupier of land responsible for injuries caused by a failure to keep the property reasonably safe for those invited onto it. The doctrine ties responsibility to the condition of the property and the care taken to maintain it.

Ordinary care is the governing standard. The statute requires an owner or occupier to exercise ordinary care in keeping the premises and approaches safe for those lawfully present. A store that lets a spill sit unattended for an hour stands differently from one that cleans it promptly and posts a warning.

The duty depends on the visitor’s status. The level of care owed turns on whether the injured person was an invitee, a licensee, or a trespasser, a distinction that shapes the entire analysis. A shopper invited into a store is owed more than someone cutting across a closed lot after hours.

Knowledge of the hazard matters. Liability often turns on whether the owner knew or should have known of the dangerous condition and had a chance to address it. A long-standing hazard points toward notice in a way a sudden one does not.

Premises liability in Georgia rests on the ordinary care standard, the visitor’s status, and the owner’s knowledge of the hazard. Because the duty owed shifts with the visitor’s status and turns on what the owner knew, two falls on the same property can lead to very different outcomes depending on why the person was there and how long the hazard had existed.

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