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GA SB125
Bill
Status
Passed
4/21/2014
Primary Sponsor
Jesse Stone
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AI Summary
- Codifies into Georgia statute that a lawful possessor of land owes no duty of care to a trespasser, except the duty to refrain from causing willful or wanton injury
- Rejects the American Law Institute's Restatement of the Law Third, Torts §§ 50-52 (2012), which would have imposed a duty to exercise reasonable care toward all trespassers, finding it does not reflect Georgia public policy
- Defines "possessor of land" to include the landowner, occupant, holder of any easement, or lessee of the land
- Preserves the attractive nuisance doctrine under Georgia common law as it existed on January 1, 2014, ensuring the new code section does not alter those protections
- Does not affect any existing immunities from or defenses to civil liability that a lawful possessor of land may already hold
Legislative Description
Liability of Owners/Occupier of Land; codify the duty of a possessor of land to a trespasser against harm
Last Action
Effective Date
7/1/2014
Full Bill Text
No bill text available