Riley v. Brasunas, 438 S.E.2d 113 (Ga. Ct. App. 1993). · Go Syfert
Riley v. Brasunas, 438 S.E.2d 113 (Ga. Ct. App. 1993). Cases Citing This Book View Copy Cite
84 citation events (40 in the last 25 years) across 2 distinct courts.
Strongest positive: Daniel Cook v. Smg Construction Services, LLC (gactapp, 2026-06-24)
Treatment trajectory · 1993 → 2026 · click a year to view as-of
1993 2009 2026
Top citers, strongest first. 24 distinct citers. How cited ↗
discussed Cited as authority (rule) Daniel Cook v. Smg Construction Services, LLC
Ga. Ct. App. · 2026 · confidence medium
And we find no genuine issue of material fact with regard to the second element, an understanding and appreciation of the risks associated with the danger, because “[n]o danger is more commonly realized and risk appreciated ... than that of falling[.]” Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ) (1993) (quotation marks omitted).
discussed Cited as authority (rule) RICHARDSON v. FCA US LLC
M.D. Ga. · 2022 · confidence medium
Augusta Amusements, Inc. v. Powell, 93 Ga. App. 752, 757 (1956) (“No danger is more commonly realized or risk appreciated, even by children, than that of falling; consciousness of the force of gravity results almost from animal instinct.”); O’Neal v. Sikes, 271 Ga. App. 391, 392 (2005) (concluding that a nine-year-old child assumed the risk of falling from a tree, which the child climbed to use a rope swing after watching other children do the same); Nunn v. Page, 265 Ga. App. 484, 485 (1) (2004) (concluding that a four-year-old child assumed the risk of falling from a trampoline while p…
examined Cited as authority (rule) Victoria Stanton v. Martha S. Griffin (3×) also: Cited "see"
Ga. Ct. App. · 2021 · confidence medium
See OCGA § 51-3-2 (b); Brown, 350 Ga. App. at 139 ; Nunn v. Page, 265 Ga. App. 484, 485 (1) ( 594 SE2d 701 ) (2004); Riley, 210 Ga. App. at 867 (1).
discussed Cited as authority (rule) Elvis Downes v. Oglethorpe University, Inc.
Ga. Ct. App. · 2017 · confidence medium
See Sayed v. Azizullah, 238 Ga. App. 642, 643-644 ( 519 SE2d 732 ) (1999) (findingno needto reach the issue *255 of whether a duty was owed by the defendant to care for the 17-year-old decedent because the decedent was charged with appreciating the risk of swimming in the lake as a matter of law, and he voluntarily assumed that risk); Riley v. Brasunas, 210 Ga. App. 865, 868 (2) ( 438 SE2d 113 ) (1993) (any failure of the defendant to exercise the duty of an ordinary responsible guardian in watching over the seven-year-old child, who was injured using a trampoline, could not be the proximate c…
cited Cited as authority (rule) Taylor v. McGraw
Ga. Ct. App. · 2014 · confidence medium
Riley v. Brasunas, 210 Ga. App. 865, 867 ( 438 SE2d 113 ) (1993).
cited Cited as authority (rule) Randy Taylor v. Kimberly Ann McGraw
Ga. Ct. App. · 2014 · confidence medium
Riley v. Brasunas, 210 Ga. App. 865, 867 ( 438 SE2d 113 ) (1993).
discussed Cited as authority (rule) Bruce v. Georgia-Pacific, LLC
Ga. Ct. App. · 2014 · confidence medium
As this Court has also noted, “ ‘(n)o danger is more commonly realized or risk appreciated, even by children, than that of falling.’ ” O’Neal v. Sikes, 271 Ga.App. 391, 392 ( 609 SE2d 734 ) (2005), quoting Riley v. Brasunas, 210 Ga.App. 865, 867 (1) ( 438 SE2d 113 ) (1993).
discussed Cited as authority (rule) Malcolm Bruce v. Georgia-Pacific LLC
Ga. Ct. App. · 2014 · confidence medium
As this Court has also noted, “‘no danger is more commonly realized or risk appreciated, even by children, than that of falling.’” O’Neal v. Sikes, 271 Ga. App. 391, 392 ( 609 SE2d 734 ) (2005), quoting Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ) (1993).
examined Cited as authority (rule) Kane v. Landscape Structures, Inc. (7×) also: Cited "see"
Ga. Ct. App. · 2011 · confidence medium
Assn., 252 Ga. 465, 465 ( 314 SE2d 444 ) (1984); O’Neal v. Sikes, 271 Ga. App. 391, 392 ( 609 SE2d 734 ) (2005); Spooner v. City of Camilla, 256 Ga. App. 179, 182 (2) (a) ( 568 SE2d 109 ) (2002); Stewart v. Harvard, 239 Ga. App. 388, 397 (4) (b) ( 520 SE2d 752 ) (1999); Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ) (1993).
discussed Cited as authority (rule) Nunn v. Page
Ga. Ct. App. · 2004 · confidence medium
It is well settled that “[t]he owner of the premises is liable to a licensee only for willful or wanton injury.” (Punctuation omitted.) Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ) (1993), citing OCGA § 51-3-2 (b).
discussed Cited as authority (rule) Sayed v. Azizullah
Ga. Ct. App. · 1999 · confidence medium
Assumption of the risk supported summary judgment despite the allegation of an “implied” duty to supervise in similar circumstances in Riley v. Brasunas, 210 Ga. App. 865, 868 (2) ( 438 SE2d 113 ) (1993).
cited Cited as authority (rule) Davis v. Scott
Ga. Ct. App. · 1998 · confidence medium
Riley *494 v. Brasunas, 210 Ga. App. 865, 866 (1) ( 438 SE2d 113 ) (1993).
examined Cited as authority (rule) Bunn v. Landers (3×)
Ga. Ct. App. · 1998 · confidence medium
Bowers v. Grizzle, 214 Ga. App. 718, 720 (4) ( 448 SE2d 759 ) (1994); Riley v. Brasunas, 210 Ga. App. 865, 866 (1) ( 438 SE2d 113 ) (1993).
examined Cited as authority (rule) Hemphill v. Johnson (3×)
Ga. Ct. App. · 1998 · confidence medium
Bowers v. Grizzle, 214 Ga. App. 718, 720 (4) ( 448 SE2d 759 ) (1994) (physical precedent only); Riley v. Brasunas, 210 Ga. App. 865, 866 (1) ( 438 SE2d 113 ) (1993).
cited Cited as authority (rule) Goodman v. City of Smyrna
Ga. Ct. App. · 1998 · confidence medium
Riley v. Brasunas, 210 Ga. App. 865, 867 ( 438 SE2d 113 ) (1993).
cited Cited as authority (rule) Hawkins v. Brown
Ga. Ct. App. · 1997 · confidence medium
Riley v. Brasunas, 210 Ga. App. 865, 866 (1) ( 438 SE2d 113 ).
cited Cited as authority (rule) Foodmax v. Fleming
Ga. Ct. App. · 1995 · confidence medium
Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ).
cited Cited as authority (rule) Barnes v. Fulton
Ga. Ct. App. · 1994 · confidence medium
Generally, “ ‘[t]he owner of the premises is liable to a licensee only for willful or wanton injury.’ OCGA § 51-3-2 (b).” Riley v. Brasunas, 210 Ga. App. 865, 867 ( 438 SE2d 113 ) (1993).
discussed Cited "see" Admiral Insurance Co. v. State Broadcasting Corp. (2×)
Ga. Ct. App. · 2012 · signal: see · confidence high
See generally Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ) (1993).
discussed Cited "see" O'NEAL v. Sikes (2×)
Ga. Ct. App. · 2005 · signal: see · confidence high
See Riley v. Brasunas, 210 Ga. App. 865, 867 (1) ( 438 SE2d 113 ) (1993).
discussed Cited "see, e.g." Radheshvar, LLC v. Kenneth A. Perez Larios (2×)
Ga. Ct. App. · 2026 · signal: see, e.g. · confidence medium
See, e.g., Riley v. Brasunas, 210 Ga. App. 865, 866 (1) ( 438 SE2d 113 ) (1993).
discussed Cited "see, e.g." MARTHA ADAMS v. JASON LEE (2×)
Ga. Ct. App. · 2024 · signal: see also · confidence medium
See also Riley v. Brasunas, 210 Ga. App. 865, 866-867 (1) ( 438 SE2d 113 ) (1993) (affirming grant of summary judgment to defendants where plaintiffs — out-of-town guests of 6 defendants — were social guests of defendants and therefore licensees).
examined Cited "see, e.g." Powley v. Precision Plumbing Co. (4×)
Ga. Ct. App. · 1996 · signal: compare · confidence medium
Compare Riley v. Brasunas, 210 Ga.App. 865, 867 (1), 438 S.E.2d 113 (1993) (child social guest who knew of possible danger of falling from chin-up bar could not recover for fall); Evans v. Parker, 172 Ga.App. 416 (1), 323 S.E.2d 276 (1984) (social guest could not recover for slip on ice in driveway, absent showing wilful and wanton conduct on the part of property owner).
discussed Cited "see, e.g." Bowers v. Grizzle (2×)
Ga. Ct. App. · 1994 · signal: compare · confidence low
Compare Riley v. Brasunas, 210 Ga. App. 865 ( 438 SE2d 113 ).
Retrieving the full opinion text from the archive…
RILEY Et Al.
v.
BRASUNAS Et Al.
A93A1506.
Court of Appeals of Georgia.
Oct 27, 1993.
438 S.E.2d 113
Curtis A. Thurston, Jr., Maurice J. Bernard III, for appellants., Sharon W. Ware & Associates, Robin P. Lourie, for appellees.
Cooper, Beasley, Smith.
Cited by 30 opinions  |  Published
Cooper, Judge.

Sean Riley through his parents and next friends, brought his tort action against appellee-defendants, the Brasunases and their 15-year-old son, Tony, seeking to recover for injuries sustained when Sean fell in the basement of the Brasunases’ home. After a period of discovery,[*866] appellees moved for summary judgment. This motion was granted by the trial court and appellants bring this direct appeal.

Viewed in the light most favorable to the non-movants, the evidence adduced in support of appellees’ motion would authorize the following facts: Deborah Longo and her seven-year-old son Sean Riley were out-of-town guests in the Brasunases’ residence. The two mothers were planning a joint family vacation to Florida. On the evening of their arrival in Atlanta, Sean Riley and nine-year-old Michael Brasunas were playing in the Brasunases’ basement. Their game consisted of using a mini exercise trampoline to jump up to a chin-up bar placed in a doorway, swinging from the bar, and landing in the next room. Ms. Longo witnessed this activity and, being concerned for his safety, admonished Sean to stop after seeing blisters on his hand. Nevertheless, the boys performed this feat twice more that night without incident. Sean knew that he could hurt himself if he fell from the trampoline or chin-up bar. The next morning, Ms. Longo and Mrs. Brasunas were leaving the house to go shopping. Ms. Longo told Sean he was not to jump from the trampoline to the chin-up bar but that he could use the trampoline. She moved the trampoline to the middle of the room and away from the door. On “implied” instructions from his mother, Tony Brasunas was placed “in charge” while the adults were gone. Ms. Longo never discussed with Tony Brasunas the extent of any responsibilities under this charge and never expected to pay him for watching the younger boys. Rather she “just assumed that Tony would be home and watch both of the boys while we went shopping.” Tony was not watching the boys, who began jumping from the trampoline. Sean slipped from the chin-up bar and fell, hitting his head.

1. Appellants first contend that James and Lynne Brasunas were liable for a dangerous and defective condition on their property. Although premises liability was alleged pursuant to OCGA § 51-3-1, whereby the owner or occupier of land owes a duty of ordinary care to its invitees, the undisputed facts reveal that Ms. Longo and her son were merely social guests in the Brasunas residence. As social guests, appellants were licensees and not invitees. “The law of Georgia and the decisions of this court hold that a social guest in a defendant’s private home is a bare licensee [even though he was expressly invited]. [Cits.]” Bryant v. Rucker, 121 Ga. App. 395 (173 SE2d 875) (1970). See also Laurens v. Rush, 116 Ga. App. 65, 66 (156 SE2d 482) (1967). The fact that a joint family social trip for their mutual personal benefit was being planned while appellants were guests in appellees’ private residence would not elevate their status from that of licensee to an invitee. Appellants’ reliance upon Frankel v. Antman, 157 Ga. App. 26 (276 SE2d 87) (1981) is misplaced, for the visitor there, a member of a charitable committee, was not a social acquain[*867] tance of the hostess but was present solely for the purpose of attending an organizational meeting. “The owner of the premises is liable to a licensee only for willful or wanton injury.” OCGA § 51-3-2 (b).

“However, this duty does not arise with respect to a mere statical condition of the premises. [Cit.] As to such condition, the owner or occupant owes no greater duty to the licensee whose presence is known than to any other licensee, and this is not to wilfully or wantonly injure him. [Cits.] Further, there is no duty to a licensee with respect to keeping the usual condition of the premises up to any particular standard of safety except that they must not contain a pitfall or mantrap. [Cit.]” Bronesky v. Estech, Inc., 170 Ga. App. 724, 725 (318 SE2d 194) (1984). The use of the trampoline in conjunction with the chin-up bar in appellees’ basement was not a mantrap within the meaning of the rule of liability as to a youthful licensee whose presence is actually known to the owner. See Crosby v. Savannah Elec. &c. Co., 114 Ga. App. 193, 198-201 (3) (150 SE2d 563) (1966). Compare McKinsey v. Wade, 136 Ga. App. 109 (4) (220 SE2d 30) (1975). Liability under “[t]his rule, of course, presupposes that the licensees do not know or have reason to know of the risks involved. [Cits.]” Wren v. Harrison, 165 Ga. App. 847, 849 (303 SE2d 67) (1983).

Here, the obvious risk involved in the game invented by the boys was falling and hurting oneself. The dangers associated with fire, fall-' ing from heights, and from water are said to be normally understood by young children absent other factors creating additional risks of harm. See Gregory v. Johnson, 249 Ga. 151, 154 (289 SE2d 232) (1982); McCall v. McCallie, 48 Ga. App. 99, 100 (1) (171 SE 843) (1933). “ ‘No danger is more commonly realized or risk appreciated, even by children, than that of falling; consciousness of the force of gravity results almost from animal instinct. Certainly a normal child [of] nearly [seven] years of age . . . knows that if it steps or slips from a tree, a fence, or other elevated structure, it will fall to the ground and be hurt.’ ” Augusta Amusements v. Powell, 93 Ga. App. 752, 757 (92 SE2d 720) (1956). While it is recognized that “ ‘children of tender years and youthful persons generally are entitled a degree of care proportioned to their ability to foresee and avoid the perils that may be . . . encountered,’ [cit.], this rule must be considered in the light of the fact that even young children have a natural fear of water, fire and heights (cit.). . . .” Higginbotham v. Winborn, 135 Ga. App. 753, 757 (2) (218 SE2d 917) (1975). The undisputed evidence of record shows that Sean knew of and appreciated the possible danger of injury to himself if he fell from the trampoline or slipped from the chin-up bar. This evidence demands a finding that the elder Brasunas did not wilfully, wantonly, or recklessly lead Sean into a hidden peril on the premises of their private residence and so did not breach the duty of care owed to their social guest. See Walker v. Reed, 180 Ga.[*868] App. 165 (348 SE2d 707) (1986). Accordingly, the trial court correctly granted appellees’ motion for summary judgment.

Decided October 27, 1993 Reconsideration denied November 12, 1993 Curtis A. Thurston, Jr., Maurice J. Bernard III, for appellants. Sharon W. Ware & Associates, Robin P. Lourie, for appellees.

2. A separate claim against Tony Brasunas was made, alleging that he failed in his duty as the custodian of the two young boys. The evidence in support of the existence of a duty on his part is that he was “impliedly” instructed by his mother that he was “in charge” and was to “watch over” the younger boys.

“ ‘When a person undertakes to control and watch over a young child, even without compensation, he becomes responsible for injury to the child through his negligence, and his duty to use reasonable care to protect the child is not measured by what his duty would have been to a social guest or licensee. [Rather], the measure of duty . . . is to be gauged by the standard of the [ordinary] responsible [guardian]; such person is not an insurer of the safety of the child and has no duty to foresee and guard against every possible hazard.’ [Cit.]” Laite v. Baxter, 126 Ga. App. 743, 745-746 (2) (191 SE2d 531) (1972). The undisputed evidence of record reveals that Sean knowingly assumed the risk of possible injury. The obviousness of the very danger which led to Sean’s injuries makes this action one of those cases in which a minor below the age of 14 may be deemed to have assumed the risk as a matter of law. Abee v. Stone Mtn. Memorial Assn., 252 Ga. 465, 466 (314 SE2d 444) (1984). Any failure of Tony to “watch over” the boys cannot be the proximate cause of Sean’s injuries, for the latter’s knowing exposure of himself to danger is a bar to recovery. Laite v. Baxter, supra at 749 (2). See also Fagan v. Atnalta, Inc., 189 Ga. App. 460, 461 (376 SE2d 204) (1988). The trial court correctly granted Tony Brasunas’ motion for summary judgment.

Judgments affirmed.

Beasley, P. J., and Smith, J., concur.