Property owners can be liable for injuries that occur on their property, even if the owner does not actively do something that causes the injury. However, just sustaining an injury on another person’s property does not automatically make the property owner liable for the injury. The injured party must prove that the owner or occupier failed to use reasonable care to keep their property safe. This is known as premises liability law and includes slip and falls, negligent security, swimming pool accidents, dog bites, and even falling deck cases.
The Georgia Law
Georgia law states that “where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”
In other words, a property owner is liable for injuries that occur on the property, but only if the injury was a result of the property owner failing to safely maintain the property. For example, if a bottle of water falls off the shelf in a grocery store and spills all over the floor, the property owner can be held liable if shoppers slip on the water and hurt themselves. This applies even if shoppers, rather than store employees, cause the water to spill. The standard is “ordinary care,” which requires the property owner to maintain the property as a safe place, even if the property owner or employees did not create the unsafe situation.
Invitees, Licensees, and Trespassers
In addition, the property owner must induce the other party to enter the property in order to be held liable. In tort law, there are three categories of victims when determining premises liability: invitees, licensees, and trespassers.
Invitee: a person who is invited to the property, by the owner, as a member of the public or for business purposes. People who go to an open store to shop are invitees.
Licensee: a person who is on the property of another because the owner of the property allowed the person to enter. He is there for his own purposes and not for the benefit of the owner. This category is applicable to property not open to the general public. The most common example is a social guest.
Trespasser: a person who enters the property without permission of the owner.
The degree of care a property owner owes to another person depends on whether that person is an invitee, licensee, or trespasser. O.C.G.A. § 51-3-1 governs the property owner’s duty of care to invitees. A grocery shopper is an invitee, so the statute will apply in the example with the spilled water. If the water is not removed in a reasonable time and an injury occurs, the property owner will be liable for injury. However, if the person entering the property is a licensee or trespasser, a different more restrictive standard will apply.
If you have been injured in an accident, you need a knowledgeable personal injury lawyer. Contact Williams Elleby Howard & Easter today.
