Trammell v. Baird, 413 S.E.2d 445 (Ga. 1992). · Go Syfert
Trammell v. Baird, 413 S.E.2d 445 (Ga. 1992). Cases Citing This Book View Copy Cite
67 citation events (22 in the last 25 years) across 2 distinct courts.
Strongest positive: Woodstone Townhouses, LLC v. Southern Fiber Worx, LLC (gactapp, 2021-02-23)
Treatment trajectory · 1992 → 2026 · click a year to view as-of
1992 2009 2026
Top citers, strongest first. 18 distinct citers. How cited ↗
discussed Cited as authority (rule) Woodstone Townhouses, LLC v. Southern Fiber Worx, LLC
Ga. Ct. App. · 2021 · confidence medium
“Consent to travel on the property cannot be implied even if the landowner has knowledge that others, on occasion, trespass on it.” Trammell v. Baird, 262 Ga. 124, 125 ( 413 SE2d 445 ) (1992). 55 The trial court did not err in denying summary judgment to Southern Fiber and Turton based on these arguments. (d) Compliance with industry standards.
discussed Cited as authority (rule) Jordan v. Bennett
Ga. Ct. App. · 2011 · confidence medium
See Barrett v. Ga. Dept. of Transp., 304 Ga. App. 667, 671 (2) ( 697 SE2d 217 ) (2010) (plaintiffs car fell off a 15-foot drop-off partly obscured by trees, landing upside down in a creek bed at the bottom of a culvert; drop-off was a static condition); Trulove v. Jones, 271 Ga. App. 681 (1) ( 610 SE2d 649 ) (2005) (a pool deck that had obviously not been completed in that the handrails had not been installed was a static condition); Ga. Dept. of Transp. v. Thompson, 270 Ga. App. 265, 271 (2) (a) ( 606 SE2d 323 ) (2004) (a trash container sitting atop a concrete storm drain was a static condit…
cited Cited as authority (rule) Harrison v. Plant Improvement Co.
Ga. Ct. App. · 2005 · confidence medium
Trammell v. Baird, 262 Ga. 124, 125 ( 413 SE2d 445 ) (1992).
discussed Cited as authority (rule) Gomez v. Julian LeCraw & Co.
Ga. Ct. App. · 2004 · signal: cf. · confidence medium
Cf. Brooks v. Logan, 134 Ga. App. 226, 230 (3) ( 213 SE2d 916 ) (1975) (wilful or wanton conduct may be found where landowner expects a trespasser to enter the land and sets a trap designed to cause injury, hides a dangerous condition on the land in *579 order to obscure it or render it undetectable to a trespasser who approaches it, or has “knowledge... of the existence of a dangerous or hazardous condition coupled with a conscious indifference to the consequences, so that a deliberate intent to inflict injury is inferable”) (punctuation omitted). 12 Trammell v. Baird, 262 Ga. 124, 125-12…
cited Cited as authority (rule) Renaud v. Black
Ga. Ct. App. · 2002 · confidence medium
(Citation omitted.) Trammell v. Baird, 262 Ga. 124, 125 ( 413 SE2d 445 ) (1992).
cited Cited as authority (rule) Moore-Sapp Investors v. Richards
Ga. Ct. App. · 1999 · confidence medium
Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ) (1992).
cited Cited as authority (rule) Hartley v. MacOn Bacon Tune, Inc.
Ga. Ct. App. · 1998 · confidence medium
Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ) (1992).
discussed Cited as authority (rule) BBB SERVICE CO., INC. v. Glass
Ga. Ct. App. · 1997 · confidence medium
Stores, 263 Ga. 865 ( 440 SE2d 193 ) (differentiating between cases concerning active negligence and conditions of the premises); Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ) (stating the duty owed when negligence arises from static or passive conditions).
discussed Cited as authority (rule) Hartley v. MacOn Bacon Tune, Inc.
Ga. Ct. App. · 1997 · confidence medium
Stores, 263 Ga. 865 ( 440 SE2d 193 ) (differentiating between cases concerning conditions of the premises and active negligence); Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ) (“[hjowever, where the alleged negligence arises from static or passive conditions, the landowner owes the anticipated trespasser a duty not to injure him wilfully or wantonly”); Wade v. Mitchell, 206 Ga. App. 265, 266 (2) (b) ( 424 SE2d 810 ) (“[ajppellant was not injured by any defect on the truck stop premises pre-existing his arrival thereon”).
discussed Cited as authority (rule) Carey v. WR GRACE & CO., CONN.
Ga. Ct. App. · 1996 · confidence medium
As recognized in that case, the Supreme Court in Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ) (1992), reaffirmed a legal distinction, in premises liability cases, between those where the alleged negligence arises from static or passive conditions and those where active negligence by act or omission is the basis.
discussed Cited as authority (rule) Chrysler Corp. v. Batten (2×)
Ga. · 1994 · confidence medium
Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ) (1992). 4.
discussed Cited as authority (rule) Wade v. Mitchell
Ga. Ct. App. · 1992 · confidence medium
In the recent case of Trammell v. Baird, 262 Ga. 124, 126 ( 413 SE2d 445 ), comparing Georgia Power Co. v. Deese, 78 Ga. App. 704, 707 ( 51 SE2d 724 ), the Supreme Court reaffirmed the existence of a legal distinction, regarding tort claims arising on premises, between causes of action where the alleged negligence arises from static or passive conditions (such as, pre-existing defects unattended on the premises) and causes of action thereon averring active negligence by act or omission.
examined Cited "see" Willie J. Caruthers v. City of Rochelle, Georgia (3×)
Ga. Ct. App. · 2021 · signal: accord · confidence high
Co. v. O’Neal, 180 Ga. 153, 155 ( 178 SE 451 ) (1934) (emphasis supplied); accord Trammell v. Baird, 262 Ga. 124, 125 ( 413 SE2d 445 ) (1992); S. R.R.
discussed Cited "see" Craig v. BAILEY BROS. REALTY, INC. (2×)
Ga. Ct. App. · 2010 · signal: see · confidence high
See Trammell v. Baird, 262 Ga. 124, 125-126 ( 413 SE2d 445 ) (1992).
discussed Cited "see" Barrett v. Georgia Department of Transportation (2×)
Ga. Ct. App. · 2010 · signal: accord · confidence high
Accord Trammell v. Baird, 262 Ga. 124, 125-126 ( 413 SE2d 445 ) (1992) (setting forth the same rule for trespassers); Mansfield v. Colwell Constr.
discussed Cited "see" Rice v. Elliott (2×)
Ga. Ct. App. · 2002 · signal: see · confidence high
Id. at 542 ; Bronesky v. Estech, Inc., 170 Ga. App. 724, 725 ( 318 SE2d 194 ) (1984); see Trammell v. Baird, 262 Ga. 124, 125-126 ( 413 SE2d 445 ) (1992) (setting forth the same rule for trespassers).
discussed Cited "see" Pickard v. Cook (2×)
Ga. Ct. App. · 1996 · signal: see · confidence high
See Trammell v. Baird, 262 Ga. 124, 125 ( 413 SE2d 445 ) (1992); Wade v. Mitchell, 206 Ga. App. 265 ( 424 SE2d 810 ) (1992).
examined Cited "see" Feise v. Cherokee County (4×)
Ga. Ct. App. · 1992 · signal: see · confidence high
See Trammell v. Baird, 262 Ga. 124, 125 ( 413 SE2d 445 ) (1992) (plaintiff had relationship of trespasser as a matter of law).
Retrieving the full opinion text from the archive…
TRAMMELL Et Al.
v.
BAIRD Et Al.
S92A0109.
Supreme Court of Georgia.
Feb 20, 1992.
413 S.E.2d 445
Michael J. Bowers, Attorney General, Robert S. Bomar, Isaac Byrd, Senior Assistant Attorneys General, for appellants., John S. Husser, for appellees.
Bell, Benham, Clarke, Fletcher, Hunt, Weltner.
Cited by 29 opinions  |  Published
Clarke, Chief Justice.

In December 1986, 15-year-old Brooks Baird was riding a motorcycle on an unpaved road on property owned by Berry College. This property is managed by the Georgia Department of Natural Resources (DNR) and is known as the Berry College Wildlife Management Area. The entrance to this unpaved road was posted with a sign measuring 18 x 24 inches which stated

BERRY COLLEGE PROPERTY RESTRICTED AREA PERMIT REQUIRED FOR ENTRY PHONE 236-2262 FOR INFORMATION MOTORIZED VEHICLES ABSOLUTELY PROHIBITED VIOLATORS WILL BE PROSECUTED HELP PROTECT YOUR FOREST AND PRESERVE THE BEAUTY OF BERRY COLLEGE

While Baird’s riding companion stopped his vehicle to clean the mud from his goggles, Baird continued down the road and collided with a covered cable gate used to separate the Wildlife Management Area from the Wildlife Refuge. The record shows that the road was “straight and unobstructed” at least 800 feet before it intersected the cable gate. The affidavit of the park ranger shows that the cable gate[*125] was marked by black PVC pipe. Baird was travelling at a speed of 35-40 miles per hour and died within minutes of the collision from a ruptured spleen.

Baird’s parents, appellees here, brought this action against the DNR, Berry College, and their individual employees, alleging that Baird’s death was the result of their negligence. The trial court granted the DNR’s motion to dismiss on the ground of sovereign immunity. The remaining defendants, appellants before this court, moved for summary judgment on the ground that Baird was a trespasser on the property at the time of his collision, and that appellants had met the standard of care owed him. The trial court denied the motion for summary judgment, finding that there are questions of fact as to Baird’s status and the proper duty owed him by appellants. The Court of Appeals denied the appellants’ application for interlocutory review, and this court granted certiorari.

We conclude that Baird, driving across Berry College property, the entrance to which was plainly marked by a sign stating that his presence was not permitted, with neither privilege nor consent to do so, was a trespasser as a matter of law. Crosby v. Savannah Electric &c. Co., 114 Ga. App. 193 (150 SE2d 563) (1966). Consent to travel on the property cannot be implied even if the landowner has knowledge that others, on occasion, trespass upon it. Id.

The general rule is that a person who owns or controls property owes no duty to a trespasser upon it, except not to wilfully or recklessly injure him; and this rule applies alike to adults and to children of tender years. Atlantic Coast Line R. Co. v. O’Neal, 180 Ga. 153, 155 (178 SE 451) (1935).

The cases further hold that the landowner owes a duty not to set a mantrap on the property, the theory being that the landowner may not prepare the premises to do the trespasser injury. Crosby, supra at 198. The trial court found that there is no evidence of a mantrap in this case, and the record supports that determination.

The appellees point out that over the past few years the appellants have ticketed and evicted a number of trespassers on the property in question, thus demonstrating that appellants were aware that trespassers traversed the property. Citing Ga. Power Co. v. Deese, 78 Ga. App. 704, 707 (51 SE2d 724) (1949), appellees argue that this circumstance gives rise to a duty of ordinary care owed a trespasser.

“[T]he duty to use ordinary care to avoid injuring [a trespasser] after his presence and danger are actually known is, in point of fact, merely the duty not to injure him wantonly and wilfully.” Cook v. Southern R. Co., 53 Ga. App. 723, 726 (187 SE 274) (1936). Further, it is considered wilful or wanton not to exercise ordinary care to protect[*126] anticipated trespassers from dangerous activities or hidden perils on the premises. Atlantic Coast Line, supra; Brooks v. Logan, 134 Ga. App. 226, 228 (213 SE2d 916) (1975). However, where the alleged negligence arises from static or passive conditions, the landowner owes the anticipated trespasser a duty not to injure him wilfully or wantonly. Cook, supra; Brooks, supra.

Decided February 20, 1992 Reconsiderations denied March 13, 1992 and April 2, 1992. Michael J. Bowers, Attorney General, Robert S. Bomar, Isaac Byrd, Senior Assistant Attorneys General, for appellants. John S. Husser, for appellees.

Georgia Power Co. v. Deese, supra, is distinguishable from the present case. There the plaintiffs alleged that the defendants committed an act of active negligence in releasing water held by a dam so that it flowed over the trespasser who was fishing in a boat below the dam. Further, the defendants were actually aware of the trespasser’s presence and his “perilous position,” Deese at 707, just minutes before they released the water.

In the case before us, the covered cable gate dividing Wildlife Management Area from the Wildlife Refuge Area was a static condition on the premises. As such the appellants owed Brooks Baird a duty not to wilfully or wantonly injure him. The record before us shows that the appellants did not breach this duty. Therefore, the trial court erred in denying the appellants’ motion for summary judgment.

Judgment reversed.

Clarke, C. J., Weltner, P. J., Bell, Hunt, Benham and Fletcher, JJ., concur.