If you are hurt on someone else’s property in Georgia, your case depends on why you were there. Customers and other invited guests get the most protection. Social visitors and others who come for their own reasons get much less. The owner’s duty to you is set by two short statutes.
What the Law Says
O.C.G.A. § 51-3-1, Duty of owner or occupier of land to invitee, states:
Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.
O.C.G.A. § 51-3-2, Duty of owner of premises to licensee, states:
(a) A licensee is a person who:
(1) Is neither a customer, a servant, nor a trespasser;
(2) Does not stand in any contractual relation with the owner of the premises; and
(3) Is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification.
(b) The owner of the premises is liable to a licensee only for willful or wanton injury.
You can read the full statutes on the Georgia General Assembly’s official code site.
In Plain English
“Premises liability” is the area of law that covers injuries on someone else’s property. Georgia sorts visitors into three groups. Each group gets a different level of protection.
An invitee is someone the owner invited onto the property for a purpose that helps the owner. The invitation can be spoken or implied. A store customer is the classic example. The store opens its doors to make money from shoppers. Other examples include a restaurant diner, a hotel guest, or a delivery driver. Under section 51-3-1, the owner owes invitees “ordinary care.” That means the owner must act as a reasonable person would to keep the property and its “approaches” safe. Approaches means the paths in and out, like sidewalks and parking areas.
Ordinary care is a real duty. Georgia courts have held that an owner must inspect the property and fix or warn about hazards the owner knows about or should have found. But the owner is not an insurer of your safety. You generally must show that the owner knew or should have known about the hazard. You also must show that you did not know about it. If a wet floor was obvious and you walked through it anyway, you may lose.
A licensee is different. Under section 51-3-2(a), a licensee is on the property for their own reasons, not the owner’s. A friend who drops by to visit is a common example. So is a neighbor who cuts across your yard with your permission. Under subsection (b), the owner is liable to a licensee “only for willful or wanton injury.” Willful means on purpose. Wanton means so reckless it is almost on purpose. This is a much harder standard to meet. Simple carelessness is not enough.
The third group is trespassers, people with no permission to be there. The statutes quoted here do not cover them. Georgia courts have held that owners owe trespassers very little, mainly a duty not to hurt them on purpose.
The line between invitee and licensee is not always clear. Georgia courts look at whether the visit served the owner’s interest in some way. A social guest is usually a licensee. But if you came to buy something or do work for the owner, you are likely an invitee.
Since 2025, a new set of statutes covers one type of premises case. If a criminal attacked you on someone’s property, the “negligent security” rules in Code Sections 51-3-50 through 51-3-57 apply. Those rules also treat invitees and licensees differently. See our negligent security page for details.
Example
Tanya went to a grocery store in Augusta on January 8, 2026, to buy food. Near the produce section, she slipped on grapes that had been on the floor for over an hour. She broke her wrist. Her medical bills came to $12,000, and she missed two weeks of work worth $2,400.
Tanya was an invitee. The store invited her in to shop. Under section 51-3-1, the store owed her ordinary care. Store video showed an employee walked past the grapes twice without cleaning them up. That is evidence the store failed to use ordinary care. Tanya has a solid claim.
Now change the facts. Tanya’s friend Rob invited her over to watch a football game. She slipped on a loose rug in his hallway and broke her wrist. Tanya is a licensee. She was there for her own enjoyment. Under section 51-3-2(b), Rob is liable only for willful or wanton injury. A loose rug is careless, not willful. Tanya likely cannot recover from Rob unless she can show he knew the rug was a trap and hid it from her.
Key Points to Remember
- Georgia property owners owe different duties based on why you were on the property.
- Invitees are people invited for the owner’s benefit, like customers. Owners owe them ordinary care.
- Licensees visit for their own reasons, like social guests. Owners are liable only for willful or wanton injury.
- Ordinary care includes inspecting for hazards and fixing or warning about them.
- You usually must show the owner knew or should have known about the hazard, and that you did not.
- The owner’s duty covers the “approaches” too, such as sidewalks and parking lots.
- Crime-related injuries on property fall under the separate negligent security statutes passed in 2025.
Related Georgia Laws
- Georgia Negligent Security Law
- Georgia Recreational Property Act
- Georgia’s 50 Percent Comparative Negligence Rule
- Georgia Dog Bite Statute 51-2-7
- Premises Liability in Georgia
- Negligence in Georgia
- Damages
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for sections 51-3-1 and 51-3-2
- Georgia General Assembly
This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.