GA
Georgia Senate Bill SB186

Georgia 2023-2024 Regular Session

Georgia Senate Bill SB186 Compare Versions

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1-24 LC 46 0844S
2-The Senate Committee on Insurance and Labor offered the following
3-substitute to SB 186:
1+23 LC 44 2196
2+S. B. 186
3+- 1 -
4+Senate Bill 186
5+By: Senators Dolezal of the 27th, Still of the 48th, Gooch of the 51st, Kennedy of the 18th,
6+Watson of the 1st and others
47 A BILL TO BE ENTITLED
58 AN ACT
6-To amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated,1
9+To amend Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated,
10+1
711 relating to liability of owners and occupiers of land generally, so as to limit landowner2
812 liability regarding invitees, licensees, and trespassers; to provide for no landowner liability3
913 due to alleged constructive notice of prior crimes or violent nature; to provide for4
1014 apportionment of fault; to provide for definitions; to provide for a short title; to provide for5
1115 related matters; to repeal conflicting laws; and for other purposes.6
1216 BE IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:7
1317 SECTION 1.8
1418 This Act shall be known and may be cited as the "Georgia Landowners Protection Act."9
1519 SECTION 2.10
1620 Article 1 of Chapter 3 of Title 51 of the Official Code of Georgia Annotated, relating to11
1721 liability of owners and occupiers of land generally, is amended by adding a new Code section12
1822 to read as follows:13
19-"51-3-4.14
20-(a) As used in this Code section, the term:15
21-- 1 - 24 LC 46 0844S
23+"51-3-4.
24+14
25+(a) As used in this Code section, the term:15 23 LC 44 2196
26+S. B. 186
27+- 2 -
2228 (1) 'Landowner' means any person who owns, occupies, leases, operates, maintains, or16
2329 manages any residential, agricultural, commercial, or other real property in this state, any17
2430 director, officer, employee, or agent of any such person, and any independent contractor18
2531 acting on behalf of any such person.19
2632 (2) 'Premises liability action' means any civil action sounding in tort based upon the duty20
2733 owed to someone injured on a landowner's property as the result of conditions present,21
28-or activities occurring upon, the property; provided, however, that such term shall not22
29-include a cause of action under Code Section 51-1-56, and nothing in this Code section23
30-shall apply to a cause of action under Code Section 51-1-56.24
31-(3) 'Property' means residential, agricultural, commercial, or other real property whether25
32-held in fee simple or under a leasehold, life estate, estate for years, usufruct, easement,26
33-license, or other instrument of title and which is owned, operated, maintained, or27
34-managed by a landowner.28
35-(b) No landowner shall be liable in a premises liability action to any invitee who is injured29
36-on the landowner's property as the result of the willful, wanton, or intentionally tortious30
37-conduct of any third party who is not a director, officer, employee, or agent of the31
38-landowner unless the invitee can prove by clear and convincing evidence that:32
39-(1) The conduct of said third party occurred within the legal boundaries of the33
40-landowner's property;34
41-(2)(A) The conduct of the landowner actively and affirmatively, and with a degree of35
42-conscious decision making, impelled the specific action of said third party; or36
43-(B) The landowner had actual knowledge of the specific threat of imminent harm to37
44-the invitee from said third party and, through reasonable action, the landowner could38
45-have prevented that harm from occurring; and39
46-(3) The landowner's conduct proximately caused the economic and noneconomic40
47-damages suffered by the invitee.41
48-- 2 - 24 LC 46 0844S
49-(c) No landowner shall be held liable in a premises liability action to any licensee who is42
50-injured on the landowner's property as the result of the willful, wanton, or intentionally43
51-tortious conduct of any third party who is not a director, officer, employee, or agent of the44
52-landowner unless the licensee can prove by clear and convincing evidence that:45
53-(1) The conduct of said third party occurred within the legal boundaries of the46
54-landowner's property;47
55-(2) The landowner willfully and wantonly impelled the specific action of said third party;48
56-and49
57-(3) The landowner's conduct proximately caused the economic and noneconomic50
58-damages suffered by the injured licensee.51
59-(d) No landowner shall be held liable in a premises liability action to any trespasser who52
60-is injured on the landowner's property as the result of the willful, wanton, or intentionally53
61-tortious conduct of any third party who is not a director, officer, employee, or agent of the54
62-landowner unless the trespasser can prove by clear and convincing evidence that:55
63-(1) The conduct of said third party occurred within the legal boundaries of the56
64-landowner's property;57
65-(2) The landowner acted with the specific intent to harm the trespasser and impelled the58
66-specific action of said third party; and59
67-(3) The landowner's conduct proximately caused the economic and noneconomic60
68-damages suffered by the injured trespasser.61
69-(e) No liability may be imposed upon any landowner under subsections (b), (c), or (d) of62
70-this Code section premised in whole or in part upon the landowner's alleged constructive63
71-knowledge of prior crimes on or near the landowner's property or upon the landowner's64
72-alleged constructive knowledge of the prior crimes or violent nature of said third party65
73-whose acts or omissions proximately caused the claimed injury or damage.66
74-(f) In any premises liability action brought against a landowner as described in67
75-subsections (b), (c), or (d) of this Code section:68
76-- 3 - 24 LC 46 0844S
77-(1) The trier of fact, in making the apportionment of fault under Code Section 51-12-33,69
78-shall:70
79-(A) Only apportion fault to the landowner for the acts or omissions of the landowner;71
80-(B) Fairly and accurately apportion fault to the third party for the willful, wanton, or72
81-intentional conduct of such third party; and73
82-(C) Not consider the pendency of criminal charges against such third party, the74
83-financial resources of any of the parties, the impact of such a finding upon the court's75
84-judgment in the case, or any other factors except the relative degrees of fault among the76
85-parties.77
86-(2) If the jury fails to apportion an appropriate degree of fault to the third party, the trial78
87-court may, in the exercise of its sound discretion, set aside the verdict of the jury and79
88-require a retrial of the case; and80
89-(3) Notwithstanding any provision of law that might be construed to the contrary, the81
90-injured party shall not be entitled to receive any damages if the plaintiff is fifty percent82
91-or more responsible for the injury or damages claimed.83
92-SECTION 3.84
93-All laws and parts of laws in conflict with this Act are repealed.85
34+or activities occurring upon, the property.22
35+(3) 'Property' means residential, agricultural, commercial, or other real property whether23
36+held in fee simple or under a leasehold, life estate, estate for years, usufruct, easement,24
37+license, or other instrument of title and which is owned, operated, maintained, or25
38+managed by a landowner.26
39+(b) No landowner shall be liable in a premises liability action to any invitee who is injured27
40+on the landowner's property as the result of the willful, wanton, or intentionally tortious28
41+conduct of any third party who is not a director, officer, employee, or agent of the29
42+landowner unless the invitee can prove by clear and convincing evidence that:30
43+(1) The conduct of said third party occurred within the legal boundaries of the31
44+landowner's property;32
45+(2)(A) The conduct of the landowner actively and affirmatively, and with a degree of33
46+conscious decision making, impelled the specific action of said third party; or34
47+(B) The landowner had actual knowledge of the specific threat of imminent harm to35
48+the invitee from said third party and, through reasonable action, the landowner could36
49+have prevented that harm from occurring; and37
50+(3) The landowner's conduct proximately caused the economic and noneconomic38
51+damages suffered by the invitee.39
52+(c) No landowner shall be held liable in a premises liability action to any licensee who is40
53+injured on the landowner's property as the result of the willful, wanton, or intentionally41 23 LC 44 2196
54+S. B. 186
55+- 3 -
56+tortious conduct of any third party who is not a director, officer, employee, or agent of the42
57+landowner unless the licensee can prove by clear and convincing evidence that:43
58+(1) The conduct of said third party occurred within the legal boundaries of the44
59+landowner's property;45
60+(2) The landowner willfully and wantonly impelled the specific action of said third party;46
61+and47
62+(3) The landowner's conduct proximately caused the economic and noneconomic48
63+damages suffered by the injured licensee.49
64+(d) No landowner shall be held liable in a premises liability action to any trespasser who50
65+is injured on the landowner's property as the result of the willful, wanton, or intentionally51
66+tortious conduct of any third party who is not a director, officer, employee, or agent of the52
67+landowner unless the trespasser can prove by clear and convincing evidence that:53
68+(1) The conduct of said third party occurred within the legal boundaries of the54
69+landowner's property;55
70+(2) The landowner acted with the specific intent to harm the trespasser and impelled the56
71+specific action of said third party; and57
72+(3) The landowner's conduct proximately caused the economic and noneconomic58
73+damages suffered by the injured trespasser.59
74+(e) No liability may be imposed upon any landowner under subsections (b), (c), or (d) of60
75+this Code section premised in whole or in part upon the landowner's alleged constructive61
76+knowledge of prior crimes on or near the landowner's property or upon the landowner's62
77+alleged constructive knowledge of the prior crimes or violent nature of said third party63
78+whose acts or omissions proximately caused the claimed injury or damage.64
79+(f) In any premises liability action brought against a landowner as described in65
80+subsections (b), (c), or (d) of this Code section:66
81+(1) The trier of fact, in making the apportionment of fault under Code Section 51-12-33,67
82+shall:68 23 LC 44 2196
83+S. B. 186
9484 - 4 -
85+(A) Only apportion fault to the landowner for the acts or omissions of the landowner;69
86+(B) Fairly and accurately apportion fault to the third party for the willful, wanton, or70
87+intentional conduct of such third party; and71
88+(C) Not consider the pendency of criminal charges against such third party, the72
89+financial resources of any of the parties, the impact of such a finding upon the court's73
90+judgment in the case, or any other factors except the relative degrees of fault among the74
91+parties.75
92+(2) If the jury fails to apportion an appropriate degree of fault to the third party, the trial76
93+court may, in the exercise of its sound discretion, set aside the verdict of the jury and77
94+require a retrial of the case; and78
95+(3) Notwithstanding any provision of law that might be construed to the contrary, the79
96+injured party shall not be entitled to receive any damages if the plaintiff is fifty percent80
97+or more responsible for the injury or damages claimed."81
98+SECTION 3.82
99+All laws and parts of laws in conflict with this Act are repealed.83