23 LC 44 2196
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Senate Bill 186
By: Senators Dolezal of the 27th, Still of the 48th, Gooch of the 51st, Kennedy of the 18th,
Watson of the 1st and others
A BILL TO BE ENTITLED
AN ACT
To amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated,
1
relating to liability of owners and occupiers of land generally, so as to limit landowner2
liability regarding invitees, licensees, and trespassers; to provide for no landowner liability3
due to alleged constructive notice of prior crimes or violent nature; to provide for4
apportionment of fault; to provide for definitions; to provide for a short title; to provide for5
related matters; to repeal conflicting laws; and for other purposes.6
BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
SECTION 1.8
This Act shall be known and may be cited as the "Georgia Landowners Protection Act."9
SECTION 2.10
Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to11
liability of owners and occupiers of land generally, is amended by adding a new Code section12
to read as follows:13
"51-3-4.
14
(a) As used in this Code section, the term:15 23 LC 44 2196
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(1) 'Landowner' means any person who owns, occupies, leases, operates, maintains, or16
manages any residential, agricultural, commercial, or other real property in this state, any17
director, officer, employee, or agent of any such person, and any independent contractor18
acting on behalf of any such person.19
(2) 'Premises liability action' means any civil action sounding in tort based upon the duty20
owed to someone injured on a landowner's property as the result of conditions present,21
or activities occurring upon, the property.22
(3) 'Property' means residential, agricultural, commercial, or other real property whether23
held in fee simple or under a leasehold, life estate, estate for years, usufruct, easement,24
license, or other instrument of title and which is owned, operated, maintained, or25
managed by a landowner.26
(b) No landowner shall be liable in a premises liability action to any invitee who is injured27
on the landowner's property as the result of the willful, wanton, or intentionally tortious28
conduct of any third party who is not a director, officer, employee, or agent of the29
landowner unless the invitee can prove by clear and convincing evidence that:30
(1) The conduct of said third party occurred within the legal boundaries of the31
landowner's property;32
(2)(A) The conduct of the landowner actively and affirmatively, and with a degree of33
conscious decision making, impelled the specific action of said third party; or34
(B) The landowner had actual knowledge of the specific threat of imminent harm to35
the invitee from said third party and, through reasonable action, the landowner could36
have prevented that harm from occurring; and37
(3) The landowner's conduct proximately caused the economic and noneconomic38
damages suffered by the invitee.39
(c) No landowner shall be held liable in a premises liability action to any licensee who is40
injured on the landowner's property as the result of the willful, wanton, or intentionally41 23 LC 44 2196
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tortious conduct of any third party who is not a director, officer, employee, or agent of the42
landowner unless the licensee can prove by clear and convincing evidence that:43
(1) The conduct of said third party occurred within the legal boundaries of the44
landowner's property;45
(2) The landowner willfully and wantonly impelled the specific action of said third party;46
and47
(3) The landowner's conduct proximately caused the economic and noneconomic48
damages suffered by the injured licensee.49
(d) No landowner shall be held liable in a premises liability action to any trespasser who50
is injured on the landowner's property as the result of the willful, wanton, or intentionally51
tortious conduct of any third party who is not a director, officer, employee, or agent of the52
landowner unless the trespasser can prove by clear and convincing evidence that:53
(1) The conduct of said third party occurred within the legal boundaries of the54
landowner's property;55
(2) The landowner acted with the specific intent to harm the trespasser and impelled the56
specific action of said third party; and57
(3) The landowner's conduct proximately caused the economic and noneconomic58
damages suffered by the injured trespasser.59
(e) No liability may be imposed upon any landowner under subsections (b), (c), or (d) of60
this Code section premised in whole or in part upon the landowner's alleged constructive61
knowledge of prior crimes on or near the landowner's property or upon the landowner's62
alleged constructive knowledge of the prior crimes or violent nature of said third party63
whose acts or omissions proximately caused the claimed injury or damage.64
(f) In any premises liability action brought against a landowner as described in65
subsections (b), (c), or (d) of this Code section:66
(1) The trier of fact, in making the apportionment of fault under Code Section 51-12-33,67
shall:68 23 LC 44 2196
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(A) Only apportion fault to the landowner for the acts or omissions of the landowner;69
(B) Fairly and accurately apportion fault to the third party for the willful, wanton, or70
intentional conduct of such third party; and71
(C) Not consider the pendency of criminal charges against such third party, the72
financial resources of any of the parties, the impact of such a finding upon the court's73
judgment in the case, or any other factors except the relative degrees of fault among the74
parties.75
(2) If the jury fails to apportion an appropriate degree of fault to the third party, the trial76
court may, in the exercise of its sound discretion, set aside the verdict of the jury and77
require a retrial of the case; and78
(3) Notwithstanding any provision of law that might be construed to the contrary, the79
injured party shall not be entitled to receive any damages if the plaintiff is fifty percent80
or more responsible for the injury or damages claimed."81
SECTION 3.82
All laws and parts of laws in conflict with this Act are repealed.83