Syfert Injury Law Firm

Your Trusted Partner in Personal Injury & Workers' Compensation

Call Now: 904-383-7448

2018 Georgia Code 51-3-3 | Car Wreck Lawyer

Link to State of Georgia Official Statute 2018 Georgia Code Annotated (sourced from legal.resource.org)
O.C.G.A. 51-3-3 Case Law from Google Scholar Amendments to OCGA 51-3-3

TITLE 51 TORTS

Section 3. Liability of Owners and Occupiers of Land, 51-3-1 through 51-3-44.

ARTICLE 1 GENERAL PROVISIONS

51-3-3. Lawful possessor of land owes no duty of care to trespasser.

  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.

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

Cases Citing O.C.G.A. § 51-3-3

Total Results: 1  |  Sort by: Relevance  |  Newest First

Copy

Cham v. Eci Mgmt. Corp., 856 S.E.2d 267 (Ga. 2021).

Cited 21 times | Published | Supreme Court of Georgia | Mar 15, 2021 | 311 Ga. 170

...in extent, on whether the one entering the property is an invitee, a licensee or a trespasser.” Lipham v. Federated Dept. Stores, 263 Ga. 865, 865 (440 SE2d 193) (1994). This duty is codified, in relevant part, in OCGA §§ 51-3-1, 51-3-2, and 51-3-3....
...y for willful or wanton injury. OCGA § 51-3-2. The third Code section likewise establishes that a landowner owes no duty of care to a visitor classified as a trespasser, “except to refrain from causing a willful or wanton injury.” OCGA § 51-3-3 (b). In explaining the distinction between invitees and licensees, we have stated that “the determining question as to whether a visitor is an invitee by implication or a licensee is whether or not the...
...option, may terminate this Lease by written notice to Resident.” (Emphasis supplied.) We disapprove of Gomez v. Julian LeCraw & Co., 269 Ga. App. 576 (604 SE2d 532) (2004), to the extent it suggests that, as a matter of law, a person is always a trespasser under OCGA § 51-3-3 if he resides with a tenant in an apartment in violation of the lease. 31 Ga....