Georgia Premises Liability Rules Explained: Invitees, Licensees, and Trespassers
Accidents can happen anywhere — grocery stores, apartment complexes, office buildings, or even private homes. When someone is injured on another person’s property in Georgia, the legal outcome often depends on one critical factor: the injured person’s legal status on the property.
Georgia premises liability law divides visitors into three main categories — invitees, licensees, and trespassers — and the property owner’s duty of care changes dramatically depending on which category applies. Understanding these distinctions is essential for injured victims and property owners alike.
At Brandon Smith Law, we help injured Georgians understand their rights and pursue compensation after unsafe property conditions lead to harm. Below is a comprehensive explanation of how Georgia law treats different types of visitors and why legal status matters.
What Is Premises Liability Under Georgia Law?
Premises liability refers to a property owner’s legal responsibility to maintain safe conditions and prevent foreseeable injuries. Georgia law recognizes that not all visitors are treated equally. The duty owed by a property owner is determined by whether the injured person was an invitee, licensee, or trespasser at the time of the incident.
Georgia statutes make it clear that liability depends on the visitor’s classification. Property owners owe the highest duty of care to invitees, a reduced duty to licensees, and only minimal obligations toward trespassers.
This system exists because the law balances personal responsibility with fairness. Someone invited to a business for commercial purposes receives more protection than someone who enters property without permission.
Invitees: The Highest Duty of Care in Georgia
Who Is an Invitee?
An invitee is someone who enters property by express or implied invitation for lawful purposes that benefit the property owner — typically commercial or business reasons. Examples include:
Customers shopping in a store
Restaurant patrons
Delivery drivers
Hotel guests
Clients visiting an office
Under Georgia law, property owners must exercise ordinary care to keep premises safe for invitees.
What Does “Ordinary Care” Mean?
Ordinary care involves more than simply reacting to hazards after someone gets hurt. Property owners must:
Inspect the property for potential dangers
Fix unsafe conditions promptly
Warn invitees about hazards that are not obvious
If a store owner fails to clean up a spill or repair a broken stair that they knew — or should have known — about, they may be liable for injuries caused by that hazard.
Because invitees are encouraged to be on the property, Georgia courts expect property owners to take proactive safety measures.
Licensees: A Lower Duty of Care
Who Is a Licensee?
A licensee is someone who is allowed to be on property but is not there for the owner’s business benefit. Common examples include:
Social guests visiting a friend’s home
Individuals entering property for their own convenience or enjoyment
Visitors without a commercial relationship to the owner
Georgia law defines licensees as individuals permitted onto property “merely for their own interests, convenience, or gratification.”
Duty Owed to Licensees
Unlike invitees, licensees are not entitled to full safety inspections or constant monitoring. Property owners are generally only liable if they willfully or wantonly cause harm or knowingly fail to warn of hidden dangers.
This means:
Owners do not have to inspect the property for hazards specifically for licensees.
However, they cannot intentionally ignore dangerous conditions they know about.
For example, if a homeowner knows a stair railing is loose and fails to warn a social guest, liability may still arise.
Trespassers: The Lowest Level of Protection
Who Is a Trespasser?
A trespasser is someone who enters property without permission or legal right. Because they are not invited guests, property owners generally owe them the least duty of care.
Georgia law states that property owners typically have no obligation to keep premises safe for trespassers.
What Duties Still Exist?
Even though trespassers have limited legal protections, property owners cannot:
Intentionally injure them
Set traps or hidden dangers designed to cause harm
Liability usually arises only when the owner’s conduct is willful or wanton — meaning reckless or intentional.
Special Rule: Attractive Nuisance and Child Trespassers
One important exception to the limited duty owed to trespassers involves children. Under Georgia law, property owners may be responsible if dangerous conditions attract children who cannot fully understand the risks.
Common examples of attractive nuisances include:
Swimming pools
Abandoned vehicles
Construction sites
Unsecured machinery
Even if a child technically trespasses, property owners may still face liability if they failed to secure hazards that could reasonably attract children.
Why Legal Status Matters in Georgia Injury Claims
The classification of a visitor often determines whether a case succeeds or fails. Consider these comparisons:
Invitee cases frequently involve slip and falls, negligent security, or unsafe business conditions.
Licensee claims require proof of intentional or reckless disregard for safety.
Trespasser claims are limited unless extraordinary circumstances exist.
Georgia courts rely heavily on these distinctions when evaluating whether a property owner breached their duty of care.
An experienced premises liability lawyer will carefully analyze how and why the injured person was on the property — because even small details can change legal status.
Examples of Premises Liability Scenarios in Georgia
To better understand how these rules apply, consider the following examples:
Scenario 1: Grocery Store Slip and Fall
A shopper slips on a wet floor with no warning sign. Because the shopper is an invitee, the store owner must show they exercised ordinary care — including inspections and cleanup procedures.
Scenario 2: Injury at a Friend’s House
A guest trips over a hidden hazard the homeowner knew about but failed to disclose. The guest is likely a licensee, and liability depends on whether the homeowner acted willfully or knowingly ignored danger.
Scenario 3: Injury While Trespassing
Someone climbs a fence and gets hurt on private property. Unless the owner intentionally caused harm or created a hidden trap, liability is unlikely.
How Brandon Smith Law Helps Injured Victims Across Georgia
Premises liability cases often become complicated because insurance companies argue about visitor classification. They may attempt to label injured individuals as licensees or trespassers to reduce or deny claims.
At Brandon Smith Law, our Georgia premises liability attorneys investigate:
Surveillance footage
Maintenance records
Incident reports
Witness statements
Property inspection histories
Our goal is to determine whether a property owner failed to meet their legal duty and whether negligence caused the injury.
What to Do If You Were Injured on Someone Else’s Property in Georgia
If you’ve been hurt due to unsafe conditions, taking immediate action can protect both your health and your legal rights:
Seek medical treatment right away.
Report the incident to the property owner or manager.
Document the scene with photos and notes.
Avoid speaking with insurance adjusters before consulting an attorney.
Contact a Georgia premises liability lawyer to evaluate your case.
Speak With a Georgia Premises Liability Attorney Today
Understanding whether you were an invitee, licensee, or trespasser can make a significant difference in your claim. Georgia law places different responsibilities on property owners depending on a visitor’s legal status — and proving negligence often requires detailed legal analysis.
If you or a loved one suffered injuries on unsafe property, Brandon Smith Law is here to help. Our team proudly serves clients throughout Georgia, helping injured victims pursue justice and financial recovery after preventable accidents.
Contact Brandon Smith Law today to discuss your premises liability case and learn how Georgia law may apply to your situation.