SB223: SB223 "Pro People, Pro Business Act"; enact

Under current Georgia law, property owners can sometimes be held liable if a crime committed by a third party (like an attacker or robber) injures someone on their property, if the harm was foreseeable and the owner didn't take reasonable precautions. This bill, called the "Pro People, Pro Business Act," adds a new Code section that raises the bar for these lawsuits, known as premises liability actions. The bill requires an injured person to prove the crime was reasonably foreseeable and that the property owner failed to take reasonable precautions. It creates new legal presumptions that favor property owners, including protection from liability if the owner installed security cameras, adequate lighting, and other listed safety measures, or trained employees in crime deterrence. Property owners of apartment buildings get added protections if they follow a crime prevention design assessment. The bill would take effect July 1, 2025, applying to cases and insurance policies from that date forward.

• Creates a new Code section (O.C.G.A. § 51-3-1.1) limiting when property owners can be sued for injuries caused by a third party's criminal conduct on their land.
• Requires an injured person (claimant) to prove the crime was reasonably foreseeable and that the owner failed to take reasonable safety precautions.
• Sets up a rebuttable presumption that owners are protected from liability if they install security cameras, lighting, safety signage, cash management devices, and hire security guards during nighttime hours.
• Adds separate safety-measure requirements for apartment or condo complexes with five or more units, including deadbolts, window locks, and lighting in common areas.
• Creates an affirmative defense for property owners if no similar crime happened before, or if the injured person was trespassing, uninvited, or committing a crime themselves.
• Specifies that failing to install the listed safety measures does not itself create a presumption that a property is unsafe.

Property owners, landlords, and businesses that own or manage land in Georgia, including apartment and condominium complexes; security contractors hired to protect premises; insurance companies that write liability policies; and people injured by crimes committed on someone else's property who might sue for damages.

People hurt by crimes on store, restaurant, or apartment property would face a higher legal bar to win a lawsuit against the property owner, while property owners who install cameras, lighting, and hire security guards would gain stronger legal protection from being sued or held liable.

• Section 1 names the bill the "Pro People, Pro Business Act."
• Section 2 adds O.C.G.A. § 51-3-1.1, defining terms like 'claimant,' 'wrongful conduct,' 'security camera system,' and 'crime deterrence and safety education.'
• Subsection (b) states owners are not liable for third-party crimes unless the claimant shows the crime was foreseeable and the owner failed to take reasonable precautions.
• Subsection (c) and (d) define when wrongful conduct counts as foreseeable and create a rebuttable presumption of notice based on proximity, timing, and frequency of prior incidents.
• Subsection (e) creates an affirmative defense if no prior wrongful conduct occurred or if the claimant was trespassing or committing a crime.
• Subsections (f) and (g) list specific security measures, like camera systems, lighting levels, and security guards, that create a rebuttable presumption against liability for businesses and residential complexes.
• Subsection (h) requires clear and convincing evidence to overcome these liability presumptions.
• Section 3 sets the effective date as July 1, 2025, applying to causes of action and insurance policies issued after that date.

1. 2025-02-21Senate Read and Referred (Senate)
2. 2025-02-20Senate Hopper (Senate)

• Harold Jones (D, SD-022)Primary sponsor
• Kim Jackson (D, SD-041)
• Elena Parent (D, SD-044)
• Sonya Halpern (D, SD-039)
• Jason Esteves (D, SD-035)
• Nan Orrock (D, SD-036)
• Derek Mallow (D, SD-002)

• premises liability
• personal injury lawsuits
• property owner responsibility
• security requirements
• apartment safety