Slip-and-Fall After Tort Reform: Superior Knowledge and Negligent Security. O.C.G.A. § 51-3-1 (2025): where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon the premises for any lawful purpose, he is liable in damages for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. Call (470) 852-6328. Cooper Law publishes no case results.
Reviewed by Omar A. Cooper, Esq. · Last updated September 3, 2026
Invitee duty under § 51-3-1
Ordinary care
O.C.G.A. § 51-3-1 (2025): where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon the premises for any lawful purpose, he is liable in damages for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.
Georgia case law applying § 51-3-1 (Justia annotations, including Horney v. Panter): the true ground of liability is the proprietor's superior knowledge of the perilous condition.
Recovery is permitted when the condition is known to the owner and not known to the person injured. Quote the annotation as case law, not as extra statutory text.
Superior knowledge
O.C.G.A. § 51-3-2 (2025), opened on Justia: a licensee is neither a customer, a servant, nor a trespasser; does not stand in any contractual relation with the owner; and is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification. The owner is liable to a licensee only for willful or wanton injury.
Do not assume a grocery customer is an invitee without facts; status is litigated.
O.C.G.A. § 51-3-1: Invitee: ordinary care to keep premises and approaches safe.
O.C.G.A. § 51-3-2: Licensee: willful or wanton injury only.
O.C.G.A. §§ 51-3-50 to 51-3-57: Negligent-security article for third-party crime; causes arising on or after April 21, 2025.
Licensees under § 51-3-2
Quote the opened 2025 text. Status is a fact question.
What SB 68 changed — and did not
New negligent-security article
Comparative fault still applies to premises claims: the judge reduces damages by the plaintiff's percentage of fault; the plaintiff shall not receive any damages if 50 percent or more responsible (O.C.G.A. § 51-12-33(a), (g)).
Two-year personal-injury SOL (O.C.G.A. § 9-3-33). If the occupier is a city, county, or the State, ante litem rules also apply (city six months; county twelve months; GTCA twelve months to DOAS).
Static hazards still § 51-3-1
Missing ante litem can end the claim even if two years remain.
Fault and medical bills after 2025
50% bar
SB 68 § 6 created O.C.G.A. §§ 51-3-50 through 51-3-57, a negligent-security article for injuries caused by third-party criminal acts on property. SB 68 § 9: sections 6 and 7 apply only to causes of action arising on or after the Act's effective date (Governor signed April 21, 2025).
Ordinary static-hazard slip-and-fall still runs on § 51-3-1, not the new article.
For causes of action arising on or after April 21, 2025, special damages for medical care follow § 51-12-1.1 (reasonable value of medically necessary care; amounts actually necessary to satisfy insurance or workers' compensation charges are relevant).
Reasonable value
Do not promise that a wet-floor case always wins or that SB 68 abolished premises claims. Photograph the condition, keep shoes, and get medical care.
Cooper Law: (470) 852-6328; no results or testimonials exist.
Georgia law that applies
- O.C.G.A. § 51-3-1 — Invitee: ordinary care to keep premises and approaches safe.
- O.C.G.A. § 51-3-2 — Licensee: willful or wanton injury only.
- O.C.G.A. §§ 51-3-50 to 51-3-57 — Negligent-security article for third-party crime; causes arising on or after April 21, 2025.
Attorney advertising. This is general information about Georgia law, not legal advice for a particular person, and it does not create a lawyer-client relationship.
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Sources: O.C.G.A. § 51-3-1 (2025) - Justia · O.C.G.A. § 51-3-2 (2025) - Justia · SB 68 §§ 6 and 9 · O.C.G.A. § 51-12-33 · O.C.G.A. § 51-12-1.1 · O.C.G.A. § 9-3-33 · Cooper Law
The firm
Owner-confirmed: Omar A. Cooper, Esq., J.D. Northwestern, GA Bar Sept 8 2023; 260 Peachtree St NW; (470) 852-6328.
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Where these facts were opened
Each fact on this page was opened at the source listed in the verified brief. O.C.G.A. § 51-3-1 (2025) - Justia; O.C.G.A. § 51-3-2 (2025) - Justia; SB 68 §§ 6 and 9; O.C.G.A. § 51-12-33; O.C.G.A. § 51-12-1.1; O.C.G.A. § 9-3-33; Cooper Law.
O.C.G.A. § 51-3-1 (2025): where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon the premises for any lawful purpose, he is liable in damages for injuries caused by his failure to exercise ordinary care in keeping the premises. Opened at O.C.G.A. § 51-3-1 (2025) - Justia.
Georgia case law applying § 51-3-1 (Justia annotations, including Horney v. Panter): the true ground of liability is the proprietor's superior knowledge of the perilous condition. Recovery is permitted when the condition is known to the owner and not known to the person injured. Opened at O.C.G.A. § 51-3-1 annotations.
O.C.G.A. § 51-3-2 (2025), opened on Justia: a licensee is neither a customer, a servant, nor a trespasser; does not stand in any contractual relation with the owner; and is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or. Opened at O.C.G.A. § 51-3-2 (2025) - Justia.
SB 68 § 6 created O.C.G.A. §§ 51-3-50 through 51-3-57, a negligent-security article for injuries caused by third-party criminal acts on property. SB 68 § 9: sections 6 and 7 apply only to causes of action arising on or after the Act's effective date (Governor signed April 21,. Opened at SB 68 §§ 6 and 9.
FAQs
What do I have to prove in a Georgia slip-and-fall?
For an invitee, § 51-3-1 requires a failure of ordinary care in keeping the premises and approaches safe. Courts look to whether the occupier had superior knowledge of the hazard.
Did 2025 tort reform end slip-and-fall cases?
No. SB 68 added a separate negligent-security article for third-party criminal acts (causes arising on or after April 21, 2025). Ordinary hazard claims still use § 51-3-1.
What if I was looking at my phone?
Comparative fault can reduce or bar recovery at 50% or more under § 51-12-33.
How long do I have?
Two years for personal injury (§ 9-3-33), plus ante litem if a government occupier.
Am I an invitee just because I was in a store?
Invitee status is the § 51-3-1 invitation test. A licensee under § 51-3-2 is on the premises for their own convenience and may recover only for willful or wanton injury. Status is litigated.
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Reviewed by Omar A. Cooper, Esq. Call (470) 852-6328 or send the details. The office is 260 Peachtree St NW, Atlanta, GA 30303.
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