“What Do You Owe Your Family? Assessing One’s Legal Duty in Premises Liability"

Swift Currie attorney Yamisi James authored an article for the Daily Report examining how Georgia courts determine whether a family member or friend visiting a private residence qualifies as a licensee or an invitee in the premises liability context, a distinction that significantly affects the duty of care owed by a property owner.

Under Georgia law, social guests are generally classified as licensees, meaning a property owner owes only a duty to avoid willful or wanton injury. By contrast, invitees are owed a higher duty of ordinary care to keep the premises safe. The threshold question is whether the visitor's presence conferred a mutual benefit on both parties, or whether it served primarily the visitor's own interests.

James discussed the case of Stanton v. Griffin, in which a woman injured at a family reunion was deemed a licensee because her attendance was purely social, even though a financial contribution had been made on her behalf and contrasts the case against Adams v. Lee, in which the Georgia Court of Appeals found that a grandmother who slipped and fell on rainwater while caring for her grandchild was an invitee since her primary purpose was providing childcare for the defendants, a clear mutual benefit.

James highlighted how Adams v. Lee ultimately serves as a practical reminder for property owners that they may owe a higher duty of care to visiting family and friends than they initially assume, particularly when those visitors are present to perform a service that benefits the homeowner.

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