The Difference Between Invitees, Licensees, and Trespassers
February 26, 2025 | J.L. King, II
Your legal rights after sustaining an injury on someone else’s property often depend on your legal status at the time of the accident. Georgia law typically classifies people into three categories: invitees, licensees, and trespassers. Each comes with different levels of legal protection after an accident.
Understanding these distinctions is important if you have been injured in a premises liability accident, such as in a slip and fall on someone else’s property.
Liability for Injuries to Invitees in Georgia
An invitee is someone who enters a property with the owner’s express or implied invitation, typically for the property owner’s benefit. Common examples of invitees include:
- Customers at a store
- Clients visiting a business office
- Guests at a hotel or restaurant
- Shoppers at a mall
Property owners owe invitees the highest duty of care. They must keep their premises reasonably safe, inspect for hazards, and address known dangers. Under Georgia Code § 51-3-1, property owners may be liable if they fail to exercise ordinary care and fix or warn about hazardous conditions, such as wet floors, uneven sidewalks, or faulty handrails.
Liability for Injuries to Licensees in Georgia
A licensee is generally someone who enters a property for their own purposes but with the owner’s consent or knowledge. Under Georgia Code § 51-3-2, a licensee is a person who:
- Is neither a customer, a servant, nor a trespasser
- Does not stand in any contractual relation with the owner of the premises and
- Is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification
Property owners in Georgia owe licensees a lower duty of care compared to invitees. They are only required to avoid willfully or wantonly causing harm. Owners do not have to inspect the premises or fix hazards for licensees but must refrain from intentionally creating dangerous conditions.
Injuries to Trespassers in Georgia
A trespasser is someone who enters a property without permission. But what does trespassing mean? Trespassing occurs when a person unlawfully enters or remains on another’s property without authorization.
Trespassing in Georgia can be considered a civil offense or even a criminal act, depending on the circumstances. Property owners generally do not owe trespassers a duty of care beyond refraining from causing them intentional harm.
Trespassers have no legal right to be on the premises. Examples include:
- Someone cutting through private land without authorization
- A person entering a business after hours without consent
- Individuals exploring abandoned buildings without permission
Georgia law recognizes the attractive nuisance doctrine in cases involving children. This doctrine holds property owners accountable if they have hazardous conditions on their property that could attract children who do not appreciate the risks. Examples include:
- Unsecured swimming pools
- Construction sites without proper fencing
- Abandoned vehicles or appliances
A property owner should take reasonable steps to prevent harm to children if they know or should know that a dangerous condition may attract children. Failure to do so could result in liability for a property owner if a child trespasses and gets hurt. If your child has been injured, a Macon premises liability lawyer can evaluate whether you may have a case for compensation.
Injured on Someone Else’s Property? Contact a Premises Liability Lawyer Today
When someone is injured on another person’s property, their ability to seek compensation depends on their classification as an invitee, licensee, or trespasser. Invitees have the strongest legal standing, and property owners owe them the highest duty of care. Licensees and trespassers may generally only recover money damages in certain circumstances, such as if there was an attractive nuisance or if they were intentionally or wantonly injured.
You may be entitled to compensation if you have been injured due to unsafe conditions on someone else’s property. An experienced premises liability lawyer can help you navigate Georgia law and fight for the justice you deserve. Contact an attorney today to schedule a free consultation.
For more information, please contact The King Firm Car Accident and Personal Injury Lawyers at your nearest location to schedule a free case evaluation today.
We have three convenient locations throughout Georgia:
The King Firm Car Accident and Personal Injury Lawyers – Tifton Office
1603 US Hwy 41, Tifton, GA 31794
(229) 386-1376
The King Firm Car Accident and Personal Injury Lawyers – Griffin Office
3317 Fayetteville Rd, Griffin, GA 30223
(404) 567-4546
The King Firm Car Accident and Personal Injury Lawyers – Macon Office
886 Mulberry St, Macon, GA 31201
(478) 292-7272
Or if you would prefer to reach out to us online, please visit our contact us page.
