24 LC 46 0844S
The Senate Committee on Insurance and Labor offered the following
substitute to SB 186:
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
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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; provided, however, that such term shall not22
include a cause of action under Code Section 51-1-56, and nothing in this Code section23
shall apply to a cause of action under Code Section 51-1-56.24
(3) 'Property' means residential, agricultural, commercial, or other real property whether25
held in fee simple or under a leasehold, life estate, estate for years, usufruct, easement,26
license, or other instrument of title and which is owned, operated, maintained, or27
managed by a landowner.28
(b) No landowner shall be liable in a premises liability action to any invitee who is injured29
on the landowner's property as the result of the willful, wanton, or intentionally tortious30
conduct of any third party who is not a director, officer, employee, or agent of the31
landowner unless the invitee can prove by clear and convincing evidence that:32
(1) The conduct of said third party occurred within the legal boundaries of the33
landowner's property;34
(2)(A) The conduct of the landowner actively and affirmatively, and with a degree of35
conscious decision making, impelled the specific action of said third party; or36
(B) The landowner had actual knowledge of the specific threat of imminent harm to37
the invitee from said third party and, through reasonable action, the landowner could38
have prevented that harm from occurring; and39
(3) The landowner's conduct proximately caused the economic and noneconomic40
damages suffered by the invitee.41
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(c) No landowner shall be held liable in a premises liability action to any licensee who is42
injured on the landowner's property as the result of the willful, wanton, or intentionally43
tortious conduct of any third party who is not a director, officer, employee, or agent of the44
landowner unless the licensee can prove by clear and convincing evidence that:45
(1) The conduct of said third party occurred within the legal boundaries of the46
landowner's property;47
(2) The landowner willfully and wantonly impelled the specific action of said third party;48
and49
(3) The landowner's conduct proximately caused the economic and noneconomic50
damages suffered by the injured licensee.51
(d) No landowner shall be held liable in a premises liability action to any trespasser who52
is injured on the landowner's property as the result of the willful, wanton, or intentionally53
tortious conduct of any third party who is not a director, officer, employee, or agent of the54
landowner unless the trespasser can prove by clear and convincing evidence that:55
(1) The conduct of said third party occurred within the legal boundaries of the56
landowner's property;57
(2) The landowner acted with the specific intent to harm the trespasser and impelled the58
specific action of said third party; and59
(3) The landowner's conduct proximately caused the economic and noneconomic60
damages suffered by the injured trespasser.61
(e) No liability may be imposed upon any landowner under subsections (b), (c), or (d) of62
this Code section premised in whole or in part upon the landowner's alleged constructive63
knowledge of prior crimes on or near the landowner's property or upon the landowner's64
alleged constructive knowledge of the prior crimes or violent nature of said third party65
whose acts or omissions proximately caused the claimed injury or damage.66
(f) In any premises liability action brought against a landowner as described in67
subsections (b), (c), or (d) of this Code section:68
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(1) The trier of fact, in making the apportionment of fault under Code Section 51-12-33,69
shall:70
(A) Only apportion fault to the landowner for the acts or omissions of the landowner;71
(B) Fairly and accurately apportion fault to the third party for the willful, wanton, or72
intentional conduct of such third party; and73
(C) Not consider the pendency of criminal charges against such third party, the74
financial resources of any of the parties, the impact of such a finding upon the court's75
judgment in the case, or any other factors except the relative degrees of fault among the76
parties.77
(2) If the jury fails to apportion an appropriate degree of fault to the third party, the trial78
court may, in the exercise of its sound discretion, set aside the verdict of the jury and79
require a retrial of the case; and80
(3) Notwithstanding any provision of law that might be construed to the contrary, the81
injured party shall not be entitled to receive any damages if the plaintiff is fifty percent82
or more responsible for the injury or damages claimed.83
SECTION 3.84
All laws and parts of laws in conflict with this Act are repealed.85
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