Introduction

This article examines Georgia statutes concerning third-party injuries beyond workers’ compensation in the context of delivery personnel accessing restaurant facilities.

Scenario

A third-party food delivery driver arrives at a restaurant on Cotton Avenue in Macon, Georgia, to pick up an order. Restaurant staff direct the driver to use the rear entrance for pickups. While descending the poorly lit rear stairwell, the driver trips on a broken step and falls, sustaining serious injuries. The stairwell lacks handrails and proper lighting. The driver works as an independent contractor for a delivery app, not as a restaurant employee.

Georgia Law

Workers’ Compensation Exclusivity

Georgia Code § 34-9-11(a): “The rights and the remedies granted to an employee by this chapter shall exclude all other rights and remedies of such employee, his personal representatives, parents, dependents, or next of kin, at common law or otherwise, on account of such injury, loss of service, or death.”

Independent Contractor Status

Georgia Code § 34-9-2(2): “‘Employee’ means every person, including a minor, in the service of another under any contract of hire or apprenticeship, written or implied, except those employees specifically excluded by this chapter. Any reference to an employee who has been injured shall, when the employee is dead, also include his dependents as hereinbefore defined or his personal representatives.”

Premises Liability to Business Visitors

Georgia Code § 51-3-1: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes an independent delivery driver injured on restaurant property in Macon, Georgia. Georgia Code § 34-9-11 addresses workers’ compensation exclusivity for employees. Georgia Code § 51-3-1 establishes premises liability to business visitors. These statutes establish the framework for restaurant owner liability to non-employee delivery workers under Georgia law.

FAQ

Q: What does Georgia Code § 34-9-11 exclude? A: Georgia Code § 34-9-11(a) states workers’ compensation rights “shall exclude all other rights and remedies” for covered employees.

Q: How does Georgia Code § 34-9-2 define employee? A: Georgia Code § 34-9-2(2) defines employee as “every person, including a minor, in the service of another under any contract of hire or apprenticeship.”

Q: What duty does Georgia Code § 51-3-1 impose? A: Georgia Code § 51-3-1 creates liability “for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Q: Where are workers’ compensation laws found in the Georgia Code? A: Workers’ compensation laws are found in Georgia Code Title 34, Chapter 9.

Q: Does Georgia Code § 51-1-2 apply to all persons? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.