2022 Georgia Code
Title 51 - Torts
Chapter 3 - Liability of Owners and Occupiers of Land
Article 1 - General Provisions
§ 51-3-3. Lawful Possessor of Land Owes No Duty of Care to Trespasser

Universal Citation: GA Code § 51-3-3 (2022)
  1. As used in this Code section, the term “possessor of land” means the landowner, occupant of the land, holder of any easement to the land, or lessee of the land.
  2. A lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury.
  3. Georgia common law as it exists and is applied to the doctrine of attractive nuisance, in effect as of January 1, 2014, shall not be construed to be altered by this Code section.
  4. This Code section shall not affect any immunities from or defenses to civil liability to which a lawful possessor of land may be entitled.

History. Code 1981, § 51-3-3 , enacted by Ga. L. 2014, p. 351, § 2/SB 125.

Editor’s notes.

Ga. L. 2014, p. 351, § 1/SB 125, not codified by the General Assembly, provides that: “It is the intent of the General Assembly to codify and preserve Georgia common law regarding the duties owed by possessors of land to trespassers as of January 1, 2014. The General Assembly finds that the provisions of the American Law Institute’s Restatement of the Law Third, Torts: Liability for Physical and Emotional Harm, §§ 50-52 (2012), which seek to impose broad new duties on those who own, occupy, or control premises, including the duty to exercise reasonable care to all trespassers, do not reflect the public policy of the State of Georgia. It is also the intent of the General Assembly to preserve the attractive nuisance doctrine and Georgia common law as it relates to the attractive nuisance doctrine.”

Law reviews.

For article on the 2014 enactment of this Code section, see 31 Ga. St. U.L. 217 (2014).

For annual survey on real property, see 66 Mercer L. Rev. 151 (2014).

For annual survey on trial practice and procedure, see 66 Mercer L. Rev. 211 (2014).

For article with annual survey on torts, see 73 Mercer L. Rev. 243 (2021).

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