{"id":3142,"date":"2026-10-26T10:02:16","date_gmt":"2026-10-26T10:02:16","guid":{"rendered":"https:\/\/www.tmaddenlaw.com\/guides\/car-accident-lawyer-georgia\/who-is-liable-for-injury-on-private-property\/"},"modified":"2026-11-04T01:42:49","modified_gmt":"2026-11-04T01:42:49","slug":"who-is-liable-for-injury-on-private-property","status":"publish","type":"page","link":"https:\/\/www.tmaddenlaw.com\/guides\/car-accident-lawyer-georgia\/who-is-liable-for-injury-on-private-property\/","title":{"rendered":"Who Is Liable for Injury on Private Property in Georgia?"},"content":{"rendered":"\n
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Premises Liability | Georgia<\/p>

Hurt on Someone Else's Property? Find Out Who May Be Responsible<\/h1>

T. Madden & Associates, P.C. has represented injured Georgians since 1999. Terance Madden and our team help people hurt in slip and falls and negligent security incidents in Jonesboro, Atlanta, Decatur, Macon and Augusta.<\/p>

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By Terance Madden \u00b7 Published October 26, 2026<\/p>\n\n

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Who is liable for injury on private property? In Georgia, the owner or occupier of the property can be held liable if a visitor is hurt because it failed to use ordinary care to keep the area safe. Who counts as the owner or occupier depends on who controls the property. How much each party pays depends on the law and on your own share of fault. This guide explains these rules in plain English. It is written for people hurt on property they don’t own, and for family members looking into a claim for someone else.<\/p>\n

Who Can Be Held Liable When Someone Is Hurt on Private Property?<\/h2>\n

The owner or occupier of the property can be held liable when an unsafe condition causes an injury.<\/p>\n

Under O.C.G.A. \u00a7 51-3-1<\/a>, an owner or occupier who invites or leads others onto the premises for a lawful purpose is liable for injuries caused by a failure to use ordinary care. That care covers keeping the premises and approaches safe.<\/p>\n

Under O.C.G.A. \u00a7 51-3-1<\/a> (Kristina Holston v. Aboebarensi, Inc (2026)<\/a>), liability can fall on an owner or occupier of the premises.<\/p>\n

Injuries from a third person’s crime, such as an assault in a parking lot, follow a different set of rules. Negligent security claims are covered separately. For broader background on injury claims in Georgia, read our Georgia car accident guide<\/a>.<\/p>\n\n

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If you were hurt on property you don't own, you don't have to sort out who is responsible alone. Talk it through with our team. Talk it through with our team — the first consultation is free, confidential, and carries no obligation.<\/p>

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How the Injured Person’s Status Changes the Duty Owed<\/h2>\n

Your reason for being on the property changes the duty the owner owes you. Georgia law sorts visitors into groups, and the group matters.<\/p>\n

An invitee is a customer or visitor brought onto the property for a lawful purpose. The owner owes an invitee the ordinary care described in O.C.G.A. \u00a7 51-3-1<\/a>. Picture a shopper who slips on a wet floor in a store aisle. No warning sign is posted. The shopper came to buy something, so the ordinary care rule applies to that store.<\/p>\n

A licensee is different. Under O.C.G.A. \u00a7 51-3-2<\/a>, a licensee is neither a customer, a servant, nor a trespasser. A licensee has no contract with the owner and is allowed on the property merely for their own interests, convenience, or gratification. A friend who visits socially is one example. The owner is liable to a licensee only for willful or wanton injury. That is a much narrower duty.<\/p>\n

What You Must Show in a Premises Liability Claim<\/h2>\n

You must show the owner was responsible for a hazard that caused your injury.<\/p>\n

Duty means the owner owed you care based on your status on the land. Breach means the owner failed to use that care. Georgia defines the standard this way. Under O.C.G.A. \u00a7 51-1-2<\/a>, ordinary diligence is the care an ordinarily prudent person takes under similar circumstances. The absence of that care is ordinary negligence.<\/p>\n

Causation means the hazard actually caused your fall or injury. Damages means you suffered real losses, such as medical bills and lost pay.<\/p>\n

Evidence often centers on what the owner knew or should have known. Did the owner create the hazard? Did it exist long enough that a reasonable inspection would have found it? Useful proof often includes:<\/p>\n