Can a trespasser injured on Georgia property still recover from the owner?

· 3 min read

Recovery is possible but limited. A trespasser, meaning a person on land without permission or legal right, receives the least protection in Georgia premises law. The owner owes the lowest duty of the three visitor classes, so these claims succeed only in narrow circumstances.

The duty owed to a trespasser

Toward someone who enters without authority, a Georgia landowner generally owes only the duty to avoid willfully or wantonly injuring the person. O.C.G.A. § 51-3-3 codifies this, stating that a lawful possessor of land owes no duty of care to a trespasser except to refrain from causing such injury. The owner is not required to inspect the property for the trespasser’s benefit, fix hazards for them, or anticipate their presence in most cases. An ordinary, unintended hazard that injures an uninvited entrant usually does not create liability, because no duty to make the land safe for that person exists.

What the owner may not do is intentionally harm a trespasser or act in reckless disregard of a known risk. Setting a deliberate trap, or continuing dangerous activity after discovering someone is present and in harm’s way, can cross the line into the willful or wanton conduct the law forbids.

Where liability can arise

Despite the low baseline, a trespasser may recover in situations such as:

  • Known presence. Once the owner actually discovers a trespasser in a position of danger, a duty to use ordinary care to avoid injuring that person can arise.
  • Willful or wanton conduct. Intentional or reckless acts that cause harm fall outside the protection the low-duty rule gives owners.
  • A child drawn by an attractive nuisance. Georgia recognizes an exception for trespassing children injured by an enticing, dangerous condition, which is analyzed under its own multi-part test rather than the ordinary trespasser rule.

These exceptions explain why “trespasser” does not automatically end a case, though it places the injured person at a steep disadvantage.

Should one of those narrow paths open, O.C.G.A. § 51-12-33 still factors in the entrant’s own conduct, and the very act of trespassing can load a heavy percentage of fault onto the entrant, shrinking any award or, at half or more, eliminating it.

The bottom line

A trespasser injured on Georgia property can recover only by showing the owner acted willfully or wantonly, knew of the trespasser’s dangerous position, or that a child-focused attractive-nuisance exception applies. Outside those paths, the owner owes no duty to make the premises safe for an uninvited entrant.

This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.

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