Title 51. TORTS · Chapter 3. LIABILITY OF OWNERS AND OCCUPIERS OF LAND · Article 5. NEGLIGENT SECURITY
51-3-52. Liability of owner or occupier as to licensees; required proof.
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Except as provided in Code Section 51-3-54, an owner or occupier shall be liable for negligent security arising from any injury sustained by any person upon the premises of the owner or occupier as a licensee if the plaintiff proves that:
- (1)
The wrongful conduct by a third person that caused the injury sustained by the licensee was reasonably foreseeable because the owner or occupier had particularized warning of imminent wrongful conduct by a third person;#
- (2)
The injury sustained by the licensee was a reasonably foreseeable consequence of such wrongful conduct by a third person;#
- (3)
Such wrongful conduct by a third person was a reasonably foreseeable consequence of such third person exploiting a specific physical condition of the premises known to the owner or occupier, which created a reasonably foreseeable risk of wrongful conduct on the premises that was substantially greater than the general risk of wrongful conduct in the vicinity of the premises;#
- (4)
The owner or occupier willfully and wantonly failed to exercise any care to remedy or mitigate the specific and known physical condition of the premises and to otherwise keep the premises safe from such wrongful conduct by a third person; and#
- (5)
Such failure of the owner or occupier to exercise any care was a proximate cause of the injury sustained by the licensee.#
History
Code 1981, § 51-3-52, enacted by Ga. L. 2025, p. 19, § 6/SB 68, effective April 21, 2025.
Read the official page (the state's PDF, opened at the page this text was read from).
Current through: Including Acts of the 2025 Regular Session of the General Assembly.
Text read from t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, page 52; merge action: added; file SHA-256 9104a04c683d.
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