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GA SB186
Bill
Status
Introduced
2/15/2023
Primary Sponsor
Greg Dolezal
Click for details
AI Summary
- Limits landowner liability in premises liability actions when injuries result from willful, wanton, or intentionally tortious conduct of third parties, requiring injured invitees to prove claims by clear and convincing evidence — including that the landowner actively impelled the third party's conduct or had actual knowledge of a specific, imminent threat
- Establishes escalating liability protections based on the injured person's status: invitees must show the landowner impelled the third party or knew of imminent harm; licensees must show the landowner willfully and wantonly impelled the third party; trespassers must show the landowner acted with specific intent to harm
- Prohibits imposing liability on landowners based on alleged constructive knowledge of prior crimes on or near the property or constructive knowledge of a third party's prior crimes or violent nature
- Requires the trier of fact to apportion fault between the landowner and the third-party wrongdoer, considering only relative degrees of fault and excluding factors such as pending criminal charges, parties' financial resources, or the impact on the court's judgment
- Bars injured plaintiffs from recovering any damages if they are found 50% or more responsible for their own injury, and authorizes trial courts to set aside jury verdicts that fail to appropriately apportion fault to the third party
Legislative Description
"Georgia Landowners Protection Act"; enact
Last Action
Senate Committee Favorably Reported By Substitute
2/22/2024
Committee Referrals
Insurance and Labor2/16/2023
Full Bill Text
No bill text available