Skip to content
The COVID Project
  1. Library
  2. Standing duties: Georgia
  3. DUT-GA-011

Ex. DUT-GA-011 Standing duty Primary source read

O.C.G.A. section 51-3-1

Duty of owner or occupier of land to invitee

General Assembly of Georgia (Orig. Code 1863; Code 1933, section 105-401) · Georgia (State)

The COVID Project

The record

Jurisdiction
Georgia
Level
State
Authority
Title 51 (Torts), Chapter 3 (Liability of Owners and Occupiers of Land), Article 1
Effective
standing
End
standing (read as 2021-09-30)
In force
Standing (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Standing duty
Addressees
  • owners or persons in control of premises open to invitees (every business open to customers, patients, guests or the public)
Character
statutory duty
Collection
Standing duties: Georgia DUT-GA

Operative words

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.

Penalty

Civil liability in damages (subject, from August 5, 2020, to the gross-negligence condition and signage presumption of the Business Safety Act, Ex. DUT-GA-012)

What it required

Every business that invites the public onto its premises must exercise ordinary care to keep the premises and approaches safe for its invitees; 'ordinary diligence is that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances' (section 51-1-2), and gross negligence is the absence of slight diligence, 'that degree of care which every man of common sense, however inattentive he may be, exercises under the same or similar circumstances' (section 51-1-4), the standard the Business Safety Act adopted as its condition (Ex. DUT-GA-012).

Retrieval note

Official Code of Georgia Annotated, Title 51 (Volume 39, 2017 replacement volume), Internet Archive item gov.ga.ocga.2024. Section 51-3-1 at PDF p. 341; section 51-1-2 at PDF p. 13; section 51-1-4 at PDF p. 31. Chapter 16 of Title 51 (the Business Safety Act, 2020) post-dates this volume and is saved as the enrolled Act (Ex. DUT-GA-012).