SB 223: "Pro People, Pro Business Act"; enact

Under current Georgia law, property owners can sometimes be sued when a customer, tenant, or visitor is hurt by a crime committed by a third party on their premises, if the crime was foreseeable. This bill, called the 'Pro People, Pro Business Act,' adds a new Code section (O.C.G.A. § 51-3-1.1) that raises the bar for these 'premises liability' lawsuits. It requires the injured person (the claimant) to prove both that the crime was reasonably foreseeable and that the owner failed to take reasonable safety precautions. The bill spells out when a crime counts as foreseeable, creates a presumption that owners are on notice of danger under certain conditions, and gives owners new legal defenses, including one if no similar crime had ever happened on the property before. It also creates a rebuttable presumption against liability for owners who provide staff safety training and install specific security measures, such as cameras, lighting, and cash-handling equipment, and gives apartment complexes a separate set of qualifying measures. The changes would take effect July 1, 2025, and apply to lawsuits and insurance policies from that date forward.

• Creates a new Georgia law requiring injured visitors to prove a crime was foreseeable and that the property owner failed to take reasonable precautions before the owner can be held liable.
• Defines when third-party criminal conduct counts as 'reasonably foreseeable,' including prior similar crimes nearby or an obvious danger.
• Sets up a rebuttable presumption that owners had notice of danger if similar crimes happened within 200 yards of the property, on the property, or frequently.
• Gives owners an affirmative defense if no crime had previously happened on the property, even in a high-crime area, unless the claimant proves otherwise.
• Creates a rebuttable presumption against liability for owners who train staff in crime prevention and install specified security measures like cameras, lighting, and cash drop safes by July 1, 2026.
• Sets a separate set of qualifying security steps, such as deadbolts and lit walkways, for apartment complexes and other residential buildings with five or more units.

Property owners and businesses that host the public, such as stores, apartment complexes, and landlords; people injured by crimes committed by others on someone else's property; insurance companies that write premises liability policies; and courts handling these lawsuits.

People hurt by crimes on someone else's property would face a higher legal bar to win a lawsuit, needing to prove foreseeability and lack of precautions. Property owners who install listed security measures and train staff would gain stronger legal protection against being sued, which could affect insurance costs and safety investments.

• 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) bars liability for third-party crime injuries unless the claimant proves the crime was foreseeable and the owner failed to take reasonable precautions.
• Subsection (c) defines when wrongful conduct is 'reasonably foreseeable,' including substantially similar prior nearby incidents or an obvious, probable danger.
• Subsection (d) creates a rebuttable presumption of notice for owners when similar crimes occurred within 200 yards, on the premises, recently, frequently, or in a similar manner.
• Subsection (e) provides an affirmative defense if no prior wrongful conduct occurred on the premises, or if the claimant was there to commit a crime or was not an invitee.
• Subsections (f) and (g) create rebuttable presumptions against liability for owners who provide safety training and install specific security measures, with separate requirements for residential buildings of five or more units.
• Subsection (h) requires clear and convincing evidence to overcome these rebuttable presumptions, a higher standard than normal civil cases.
• Section 3 sets the effective date as July 1, 2025, applying to causes of action and insurance policies issued on or after that date.

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

• Harold Jones (D, SD-022)Patrocinador principal
• 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 responsibilities
• crime prevention
• tort law