Skip to content
Georgia Commons
Menu

Official Code of Georgia Annotated

Title 51. TORTS · Chapter 3. LIABILITY OF OWNERS AND OCCUPIERS OF LAND · Article 5. NEGLIGENT SECURITY

51-3-54. Liability of owner or occupier dependent upon plaintiff’s status.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

  1. Notwithstanding Code Sections 51-3-51 and 51-3-52, no owner or occupier shall be liable for negligent security:

  2. (1)

    Arising from an injury sustained by a person upon the premises of the owner or occupier as a trespasser;#

  3. (2)

    Arising from an injury sustained by a person not upon the premises of the owner or occupier;#

  4. (3)

    Arising from the wrongful conduct of a third person, if such wrongful conduct did not occur upon the premises and in a place from which the owner or occupier had the legal right and authority to exclude such third person;#

  5. (4)

    Arising from the wrongful conduct of a third person, if such third person was upon the premises as a tenant or as a guest of a tenant, if the owner or occupier had commenced eviction proceedings against such tenant at the time of the wrongful conduct;#

  6. (5)

    Arising from an injury sustained by a third person upon the premises of the owner or occupier as an invitee or a licensee, if such person:#

    1. (A)

      Came upon the premises for the purpose of committing any violation of a law of this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that is punishable as a misdemeanor; or#

    2. (B)

      Was engaged at the time of the injury in the commission of any violation of a law of this state that is punishable as a felony or any violation of Chapter 8 of Title 16 that is punishable as a misdemeanor, provided that this subparagraph shall not apply to a victim of a violation of Code Section 16-5-46;#

  7. (6)

    Arising from an injury sustained upon premises that is used as a single-family residence; or#

  8. (7)

    Based on a particularized warning of imminent wrongful conduct by a third person, if the owner or occupier made any reasonable effort to provide such information to law enforcement personnel, provided that calling 9-1-1 or otherwise making a report about such information to law enforcement personnel shall be deemed a reasonable effort.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

Code 1981, § 51-3-54, 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, pages 53 to 54; merge action: added; file SHA-256 9104a04c683d.