2021 Georgia Code
Title 51 - Torts
Chapter 3 - Liability of Owners and Occupiers of Land
Article 1 - General Provisions
§ 51-3-2. Duty of Owner of Premises to Licensee

1. 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.
2. The owner of the premises is liable to a licensee only for willful or wanton injury.

(Code 1933, § 105-402.)

- For article discussing origin and construction of Georgia provision concerning duty of landowner to licensees, see 14 Ga. L. Rev. 239 (1980). For article, "Changes in Liability Standards for Owners and Occupiers," see 20 Ga. St. B. J. 41 (1983). For annual survey of tort law, see 57 Mercer L. Rev. 363 (2005). For survey article on tort law, see 60 Mercer L. Rev. 375 (2008). For note discussing Georgia's approach to social guests injured on the land of another, and advocating elevation of the expressly invited social guest to the status of invitee, see 6 Ga. St. B. J. 130 (1969). For comment advocating revision of this section to distinguish between injuries caused by condition of the premises and those caused by landowner's affirmative acts, in light of Potts v. Amis, 62 Wash. 777, 384 P.2d 825 (1963), see 15 Mercer L. Rev. 523 (1964). For comment discussing motel owner's duty of care to infants, in light of Waugh v. Duke Corp., 248 F. Supp. 626 (M.D.N.C. 1966), see 18 Mercer L. Rev. 480 (1967). For comment on Nesmith v. Starr, 115 Ga. App. 473, 155 S.E.2d 24 (1967), see 4 Ga. St. B. J. 518 (1968). For comment on Rowland v. Christian, 69 Cal. 2d 108, 70 Cal. Rep. 97, 443 P.2d 561, 32 A.L.R.3d 496 (1968), applying a reasonable man test to the host in a personal injury suit brought by a social guest, rather than classifying plaintiff's status, see 20 Mercer L. Rev. 338 (1969). For comment on Ryckeley v. Georgia Power Co., 122 Ga. App. 107, 176 S.E.2d 493 (1970), see 23 Mercer L. Rev. 431 (1972). For comment, "A New Beginning for the Attractive Nuisance Doctrine in Georgia," see 34 Mercer L. Rev. 433 (1982).

ANALYSIS

• General Consideration
• Duty Owed to Children
• Applicability to Specific Cases

RESEARCH REFERENCES

Am. Jur. 2d.

- 62 Am. Jur. 2d, Premises Liability, § 111 et seq.

Negligent Excavation - Cave-In on Worker, 21 POF3d 217.

- 65A C.J.S., Negligence, § 490 et seq.

- Proximate cause as determining landlord's liability, where injury results to a third person from a nuisance that becomes such only upon tenant's using the premises, 4 A.L.R. 740.

Duty of abutting owner to continue safeguard against injury which he has voluntarily furnished, 5 A.L.R. 936.

Right of third person to enter premises against objection of the landlord, 6 A.L.R. 465; 43 A.L.R. 206.

Liability of owner to licensee or invitee for conditions on premises recently vacated by tenant, 10 A.L.R. 244.

Effect of verbal abuse to change one's status from licensee or invitee to trespasser, 12 A.L.R. 254.

Liability of adjoining property owner for injury to one deviating from highway or frequented path, 14 A.L.R. 1397; 159 A.L.R. 136.

Duty to guard against danger to children by electric wires, 17 A.L.R. 833; 41 A.L.R. 1337; 49 A.L.R. 1053; 100 A.L.R. 621.

Status of passenger in ordinary coach who enters Pullman coach for temporary purpose, 18 A.L.R. 71.

Sublessee or assignee of lease as trespasser, 18 A.L.R. 503.

Liability for injury by articles temporarily placed in space between sidewalk and curb, 22 A.L.R. 1495.

Liability for injury to one in street by object falling from window, 29 A.L.R. 77; 53 A.L.R. 462.

Attractive nuisances, 36 A.L.R. 34; 39 A.L.R. 486; 45 A.L.R. 982; 53 A.L.R. 1344; 60 A.L.R. 1444.

Liability of vendor or grantor of real estate for personal injury to purchaser or third person due to defective condition of premises, 41 A.L.R. 842.

Liability to trespasser or bare licensee as affected by distinction between active and passive negligence, 49 A.L.R. 778; 156 A.L.R. 1226.

Liability for conditions in space between lot lines and sidewalk actually within limits of street, but apparently part of the abutting property, 56 A.L.R. 220.

Liability for injury to elevator passenger as affected by the fact that sides of car are open and unprotected, 57 A.L.R. 259.

Duty and liability respecting condition of store or shop, 58 A.L.R. 136; 100 A.L.R. 710; 162 A.L.R. 949.

Use of space within lot lines, as part of public sidewalk as affecting owner's responsibility for its condition, 58 A.L.R. 1042.

Liability for injury to child guest on one's premises, 60 A.L.R. 108.

Liability for injury by stepping or falling into opening in sidewalk while doors were open or cover off, 70 A.L.R. 1358.

Landlord's liability for injuries to strangers outside premises as affected by covenant to repair or reservation of right to enter to make repairs, 89 A.L.R. 480.

Right of one other than owner or lessee of premises to benefit of rule that restricts duty toward trespasser or licensee to abstention from willful or wanton injury, 90 A.L.R. 886.

Duty and liability of carrier toward one accompanying departing passenger or present to meet incoming one, with respect to conditions at or about station, 92 A.L.R. 614.

Liability of owner or occupant of premises for injury to person thereon by dog not owned or harbored by former, 92 A.L.R. 732.

Liability of one exercising the rights of an owner of realty for injuries due to its condition, as affected by want of legal title, 96 A.L.R. 1068; 130 A.L.R. 1525.

Rule of property owner's immunity from liability for injury to or death of trespasser, absent wanton or willful conduct, as affected by fact that danger zone extends beyond the property, 102 A.L.R. 218.

Duty of federal courts to follow decision of state courts as to doctrine of attractive nuisance, 103 A.L.R. 703.

Liability of railroad company for injury to trespassers or licensees other than employees or passengers struck by object projecting, or thrown, from passing train, 112 A.L.R. 850.

"Safe place" statutes as applicable to municipalities or other public bodies when engaged in performing a governmental function, 114 A.L.R. 428.

Duty to guard against operation of elevator by unauthorized person, 117 A.L.R. 989.

Liability of owner or occupier of premises other than store or shop for personal injury to another due to slippery condition of floor, 118 A.L.R. 425.

Liability of owner or occupant of premises for injury to one who falls over obstructions placed to protect lawn, 129 A.L.R. 740.

Liability for injury or death on or near golf course, 138 A.L.R. 541; 82 A.L.R.2d 1183.

Liability, under attractive nuisance doctrine or related principle, for injury to children jumping or falling from nondefective and statutory object or structure reached by climbing, 145 A.L.R. 322.

Duty of owner or occupier of premises to persons thereon upon invitation of, or otherwise in connection with, licensee, 147 A.L.R. 651.

Entering dark place on unfamiliar premises as contributory negligence, 163 A.L.R. 587.

Unintentional intrusion on land of another as affecting right of recovery for injuries, 174 A.L.R. 471.

Attractive nuisance doctrine as applied to vehicles or their contents, 3 A.L.R.2d 758.

Breach of assumed duty to inspect property as ground of liability for damage or injury to third person, 6 A.L.R.2d 284.

Liability for injury in connection with automatic elevator, 6 A.L.R.2d 391.

Liability for injury of child on electric transmission tower or pole, 6 A.L.R.2d 754.

Liability of landowner for drowning of child, 8 A.L.R.2d 1254.

Liability for injury by explosive or the like found by, or left accessible to, a child, 10 A.L.R.2d 22.

Liability of carrier for injuries to person boarding vehicle or ship for social or other purposes in connection with a passenger, 11 A.L.R.2d 1075.

Liability of landlord to one using fire escape for other than intended purpose, 12 A.L.R.2d 217.

Liability for injury resulting from swinging door, 16 A.L.R.2d 1161.

Storekeeper's duty and liability to one passing through store to another destination, 23 A.L.R.2d 1135.

Applicability of res ipsa loquitur doctrine to fall of object or substance from ceiling of place of public resort, 24 A.L.R.2d 643.

Liability for injury to guest in home or similar premises, 25 A.L.R.2d 598.

Intoxication of person injured or killed as affecting applicability of last clear chance doctrine, 26 A.L.R.2d 308.

Landlord's liability for injury or death due to defects in exterior stairs, passageways, areas, or structures used in common by tenants, 26 A.L.R.2d 468; 65 A.L.R.3d 14; 68 A.L.R.3d 382.

Liability of landowner for injury to or death of child caused by cave-in or landslide, 28 A.L.R.2d 195.

Liability of landowner for injury to or death of child resulting from piled or stacked lumber or other building materials, 28 A.L.R.2d 218.

Passenger on freight elevator as attractive nuisance, 28 A.L.R.2d 1222.

Liability of owner or occupant for condition of covering over opening or vault in sidewalk, 31 A.L.R.2d 1334.

Duty of landowner to erect fence or other device to deter trespassing children from entering third person's property on which dangerous condition exists, 39 A.L.R.2d 1452.

Liability of builder or owner of building under construction for injuries received on premises by infant, 44 A.L.R.2d 1253.

Child accompanying business visitor to store, shop, or the like as invitee or licensee, 44 A.L.R.2d 1319.

Liability of landowner for injury or death of adult falling down unhoused well, cistern, mine shaft, or the like, 46 A.L.R.2d 1069.

Liability of owner or occupant of premises to injured person permitted to use power tools or appliances, 46 A.L.R.2d 1377.

Liability of landowner for injury or death of child caused by cut or puncture from broken glass or other sharp object, 47 A.L.R.2d 1048.

Duty of a possessor of land to warn adult licensees of danger, 55 A.L.R.2d 525.

Duty and liability of an innkeeper to visitor or caller of registered guest, 58 A.L.R.2d 1201.

Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of litter or debris on floor, 61 A.L.R.2d 6.

Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of obstacle placed or dropped on floor, 61 A.L.R.2d 110.

Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of litter or debris on stairway, 61 A.L.R.2d 174.

Liability of proprietor of store, office, or similar business premises for injury from fall due to presence of obstacle placed or dropped on steps, 61 A.L.R.2d 205.

Liability of proprietor of store, office, or similar business premises for injury from fall on floor made slippery by tracked-in or spilled water, oil, mud, snow, and the like, 62 A.L.R.2d 6.

Liability of proprietor of store, office, or similar business premises for injury from fall on steps made slippery by tracked-in or spilled water, oil, mud, snow, and the like, 62 A.L.R.2d 131.

Attractive nuisance doctrine as applied to machine or machinery in motion other than vehicles, railroad cars, or streetcars, 62 A.L.R.2d 898.

Independent contractor's or subcontractor's liability for injury or death of third person occurring during excavation work not in street or highway, 62 A.L.R.2d 1052.

Liability of proprietor of store, office, or similar business premises for injury from fall due to defect in floor or floor covering, 64 A.L.R.2d 335.

Liability of proprietor of store, office, or similar business premises for injury from fall due to defect in stairway, 64 A.L.R.2d 398.

Liability of proprietor of store, office, or similar business premises for fall on steps slippery by nature or through wear, 64 A.L.R.2d 471.

Hospital's liability to visitor injured as result of condition of exterior walks, steps, or grounds, 71 A.L.R.2d 427.

Hospital's liability to visitor injured by slippery, obstructed, or defective interior floors or steps, 71 A.L.R.2d 436.

Place or manner of depositing snow moved by abutting owner or occupant as affecting his liability to pedestrian injured in street, 71 A.L.R.2d 793.

Duty owed to, and status of, social guest of employee on employer's business premises, 78 A.L.R.2d 107.

Liability for injury or death due to physical condition of church premises, 80 A.L.R.2d 806.

Liability for injury from overhead door, 83 A.L.R.2d 743.

Liability of strip or other surface mine or quarry operator to person, other than employee, injured or killed during mining operations, 84 A.L.R.2d 733.

Liability for injury or death of child in refrigerator, 86 A.L.R.2d 709.

Status of one who enters a store or other place of public resort solely for purpose of using facilities accessible to public, such as telephone, mailbox, lavatory, or the like, 93 A.L.R.2d 784.

Duty of proprietor toward visitor upon premises on private business with or errand or work for employee, 94 A.L.R.2d 6.

Liability of owner or occupant of building for personal injury or death of person in street resulting from objects falling or thrown from building interior, 97 A.L.R.2d 1431.

Liability of owner of vacant building for injury to child trespassing on premises, 99 A.L.R.2d 461.

Liability of hotel, motel, summer resort, or private membership club or association operating swimming pool, for injury or death of guest or member, or of member's guest, 1 A.L.R.3d 963.

Liability of owner or operator of interior parking facility for bodily injury to nonemployees on premises, 4 A.L.R.3d 938.

Liability for injury or death of child social guest, 20 A.L.R.3d 1127.

Liability of owner of private residential swimming pool for injury or death occasioned thereby, 20 A.L.R.3d 1395.

Liability of owner or occupant of premises for injuries sustained by mail carrier, 21 A.L.R.3d 1099.

Premises liability: proceeding in the dark as contributory negligence, 22 A.L.R.3d 286.

Premises liability: proceeding in the dark along outside path or walkway as contributory negligence, 22 A.L.R.3d 599.

Premises liability: proceeding in the dark along inside hall or passageway as contributory negligence, 24 A.L.R.3d 388.

Liability of owner or operator of power lawnmower for injuries resulting to third person from its operation, 25 A.L.R.3d 1314.

Telephone company's liability for injuries sustained by user of public telephone or telegraph as a result of condition of premises on which instrument was installed, 25 A.L.R.3d 1432.

Duty of possessor of land to warn child licensees of danger, 26 A.L.R.3d 317.

Modern status of the rule absolving a possessor of land of liability to those coming thereon for harm caused by dangerous physical conditions of which the injured party knew and realized the risk, 35 A.L.R.3d 230.

Tort liability of private schools and institutions of higher learning for accidents due to condition of buildings, equipment, or outside premises, 35 A.L.R.3d 975.

Liability of owner or operator of parking lot for personal injuries allegedly resulting from condition of premises, 38 A.L.R.3d 10.

Liability of owner or operator of parking lot for personal injuries caused by movement of vehicles, 38 A.L.R.3d 138.

Liability of owner or operator of automatic carwash facility for personal injury or property damage to nonemployees on premises, 41 A.L.R.3d 690.

Liability of business establishments, places of accommodation or recreation, and the like, for injury or damage occurring on the premises caused by the accidental starting up of parked motor vehicle, 43 A.L.R.3d 952.

Liability in connection with injury allegedly caused by defective condition of private road or driveway, 44 A.L.R.3d 355.

Use of set gun, trap, or similar device on defendant's own property, 47 A.L.R.3d 646.

Liability for injuries from ice or snow on residential premises, 54 A.L.R.3d 559.

Attractive nuisance doctrine as applied to trees, shrubs, and the like, 59 A.L.R.3d 848.

Liability in action based upon negligence, for injury to or death of, person going upon cemetery premises, 63 A.L.R.3d 1252.

Animals as attractive nuisance, 64 A.L.R.3d 1069.

Landlord's liability for injury or death due to defects in areas of building (other than stairways) used in common by tenants, 65 A.L.R.3d 14.

Landlord's liability for injury or death due to defects in exterior steps or stairs used in common by tenants, 67 A.L.R.3d 490.

Landlord's liability for injury or death due to defects in interior steps or stairs used in common by tenants, 67 A.L.R.3d 587.

Liability of storekeeper for death of or injury to customer in course of robbery, 72 A.L.R.3d 1269.

Liability of operator of swimming facility for injury or death allegedly resulting from absence of or inadequacy of rescue equipment, 87 A.L.R.3d 380.

Liability of swimming facility operator for injury or death allegedly caused by failure to adequately fence facility, 87 A.L.R.3d 886.

Liability for injuries in connection with ice or snow on nonresidential premises, 95 A.L.R.3d 15.

Liability of governmental unit or private owner or occupant of land abutting highway for injuries or damage sustained when motorist strikes tree or stump on abutting land, 100 A.L.R.3d 510.

Tenant's agreement to indemnify landlord against all claims as including losses resulting from landlord's negligence, 4 A.L.R.4th 798.

Liability of lessee to persons injured by defects in premises or property after surrender of possession by lessee, 11 A.L.R.4th 579.

Liability of owner or occupant of premises to fireman coming thereon in discharge of his duty, 11 A.L.R.4th 597.

Liability of owner or occupant of premises for injury or death resulting from contact of crane, derrick, or other movable machine with electric line, 14 A.L.R.4th 913.

Res ipsa loquitur as to cause of or liability for real-property fires, 21 A.L.R.4th 929.

Modern status of rules conditioning landowner's liability upon status of injured party as invitee, licensee, or trespasser, 22 A.L.R.4th 294.

Liability of owner or occupant of premises to police officer coming thereon in discharge of officer's duty, 30 A.L.R.4th 81.

Liability of dog owner for injuries sustained by person frightened by dog, 30 A.L.R.4th 986.

Liability to adult social guest injured otherwise than by condition of premises, 38 A.L.R.4th 200.

Liability to one struck by golf ball, 53 A.L.R.4th 282.

Ski resort's liability for skier's injuries resulting from condition of ski run or slope, 55 A.L.R.4th 632.

Baseball player's right to recover for baseball-related personal injuries from nonplayer, 55 A.L.R.4th 664.

Liability to one struck by golf club, 63 A.L.R.4th 221.

Landlord's liability to third person for injury resulting from attack off leased premises by dangerous or vicious animal kept by tenant, 89 A.L.R.4th 374.

Liability for personal injury or death allegedly caused by defect in church premises, 8 A.L.R.5th 1.

Breach of assumed duty to inspect property as ground for liability to third party, 13 A.L.R.5th 289.

Liability of owner or operator of shopping center, or business housed therein, for injury to patron on premises from criminal attack by third party, 31 A.L.R.5th 550.

Liability of owner or operator of business premises for injuries from electrically operated door, 44 A.L.R.5th 525.

Liability of hotel, motel, resort, or private membership club or association operating swimming pool, for injury or death of member, 55 A.L.R.5th 463.

Liability of owner, operator, or other parties, for personal injuries allegedly resulting from snow or ice on premises of parking lot, 74 A.L.R.5th 49.