Legal Status Of Injured Person Determines Duty Owed By Premises Owner

In Georgia, owners and occupiers of land or buildings owe certain duties to those who come on the premises. The duties vary according to the relationship between the owner and the person coming onto the premises. The mere fact that one owns or occupies land or a building does not make one liable for injuries sustained by persons who have entered onto the land or the premises. It is a commonly accepted in Georgia law that the owner of a building or land is not the insurer of the safety of those who enter the property.
In general, the respective duties of care owed are determined by the person’s status while on the property. There are three categories by which the status of one on property is classified —- trespasser, licensee, and invitee.
A trespasser is one who enters upon the property of another wrongfully and without express or implied permission for the trespasser’s own benefit or amusement.
The distinction between an invitee and a licensee is generally defined by a business relations rule. If the injured person at the time of the injury had business relations with the owner or occupant of the premises that would render his presence of mutual aid or benefit to both, the person is considered an invitee. If, however, the presence on the premises is for the persons own convenience, as in merely accompanying another, the person is a licensee.
The only duty owed a trespasser is not to injure him willfully and wantonly. A person who has the status of licensee is owed a duty greater than that owed a trespasser. This duty has been described as a duty not to expose a licensee knowingly to an unreasonable risk of harm. An invitee is owed the highest degree of care by the owner. In the case of an invitee, the owner is liable for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.
When a person’s status as a trespasser, licensee, or invitee is a matter of disputed fact, a jury under appropriate instructions from the Court must resolve these issues.