LicenseeĪ licensee is a person who is at the property without a contractual obligation and is not on the property for business reasons. However, if the property owner failed to address an icy walkway, and the contractor slipped and fell because the hazard wasn’t marked, the homeowner may be liable. If a contractor injures himself during the course of his work performing a repair or improvement on the property, the property owner would most likely not be liable for the injury. Because of the nature of the relationship, Georgia property owners have the highest level of liability to these types of visitors. A roofer or general contractor hired to perform maintenance or repairs on a property, for example, would be an invitee under Georgia law, as would a customer or client visiting a business. InviteesĪn invitee is invited to the property for a specific, mutually-beneficial purpose on the property. A property owner’s obligation or liability to a visitor will largely depend on the class of visitor, as well as the circumstances surrounding the injury. For example, regardless of whether a visitor was a contractor hired to work on the property or a guest for a dinner party, an injury sustained because of the visitor’s intoxication or reckless behavior may not be grounds for a lawsuit. There are some broad guidelines that would limit an owner or tenant’s liability. Property owners and tenants have a responsibility to maintain their properties in relatively safe condition, just as a guest to the property has the reasonable expectation of visiting without being injured because of unforeseen hazards. How does a visitor’s classification affect liability in a personal injury case? Property owners have greater liability with respect to invitees and licensees, both classes of visitors invited to the property for professional, commercial, or personal reasons however, property owners may still have limited liability for injuries sustained by trespassers. For the purposes of establishing liability, the state of Georgia differentiates between three classes of people who may be on your property: invitees, licensees, and trespassers. Georgia property owners and tenants (also called non-owner residents) have varying levels of liability under premises liability law for dangerous or hazardous property conditions depending on the class of visitor attempting to sue for damages.
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