Senate Passes Bill to Preserve Trespassing Laws

ATLANTA (February 25, 2013) – The State Senate passed Senate Bill 125 to preserve Georgia’ s current standards that landowners are not responsible for trespassers by a vote of 51-0.

“There have been a handful of states that have protected trespassers, making landowners liable for trespassers.  Senate Bill 125 would maintain Georgia’s current laws that trespassers, by virtue of trespassing, have no right to sue landowners,” said Sen. Jesse Stone (R-Waynesboro) sponsor of SB 72.

Unless landowners cause willful or wanton injury, they cannot be held liable for trespassers.  In the case of minors, landowners may be held accountable if they know:

  • children are likely to trespass;
  • realize the unreasonable risk to children;
  • children do not know of or understand the risk because of their youth;
  • the burden of removing the harmful condition is small compared to the risk to children;
  • landowner failed to exercise reasonable care in protecting the children.

SB 125 now travels to the House of Representatives.

RELEASE
For Immediate Release:
February 25, 2013

For Information Contact:
Jennifer Yarber, Interim Director
Kate Greer, Broadcast Specialist
Kate.Greer@senate.ga.gov
404.656.0028