Introduction

This article provides general information about Georgia statutes related to premises liability and duties regarding construction sites. The information presented consists of direct quotations from Georgia law and does not constitute legal interpretation or advice.

Scenario

A contractor performs sidewalk repairs on Coleman Avenue in Macon, Georgia. Construction equipment and materials are placed on the public sidewalk during work hours. A pedestrian walking along the sidewalk trips over a piece of equipment extending into the walkway and falls. Warning cones are placed around the work area.

Georgia Law

General Negligence Standard

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.”

Obstruction of Streets and Sidewalks

Georgia Code § 16-11-43(a): “A person commits the offense of obstructing highways, streets, sidewalks, or other public passages when he renders any highway, street, sidewalk, or other public passage impassable without unreasonable inconvenience or hazard and fails or refuses to remove the obstruction after receiving a reasonable official request or the order of a peace officer that he do so.”

Municipal Authority Over Sidewalks

Georgia Code § 32-4-92(a)(8): “The department shall have no authority respecting any street in a municipality. This limitation on the department’s authority shall not affect the authority granted to municipal corporations to: … (8) Construct and maintain sidewalks.”

Conclusion

The scenario describes a pedestrian who tripped over construction equipment on a sidewalk in Macon, Georgia. Georgia Code § 51-1-2 addresses the general duty of care. Georgia Code § 16-11-43 addresses obstruction of sidewalks. Georgia Code § 32-4-92 addresses municipal authority over sidewalks. These statutes establish the framework for duties regarding public walkways under Georgia law.

FAQ

Q: What does Georgia Code § 51-1-2 state about the duty of care? 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.”

Q: How does Georgia law address sidewalk obstructions? A: Georgia Code § 16-11-43(a) states a person commits an offense when he “renders any highway, street, sidewalk, or other public passage impassable without unreasonable inconvenience or hazard.”

Q: What authority do municipalities have over sidewalks under Georgia law? A: Georgia Code § 32-4-92(a)(8) grants municipal corporations authority to “Construct and maintain sidewalks.”

Q: Where is the general negligence standard found in Georgia Code? A: The general negligence standard is found in Georgia Code Title 51, Chapter 1.

Q: Does Georgia Code § 16-11-43 require removal of obstructions? A: Georgia Code § 16-11-43(a) addresses failure to “remove the obstruction after receiving a reasonable official request or the order of a peace officer.”

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.