60.750 Trespassers; Definition; Duty to | Pdf Doc Docx | Georgia_JI

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60.750 Trespassers; Definition; Duty to | Pdf Doc Docx | Georgia_JI

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60.750 Trespassers; Definition; Duty to

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60.750 Trespassers; Definition; Duty to A trespasser is one who goes upon private premises without the permission or consent of the owner or person in charge. One continues to be a trespasser even though the owner or person in charge may know that it is that person's custom to come upon the premises. As a general rule, one is not bound to anticipate the presence of trespassers on private property, and the owner or person in charge of the property owes no duty to keep the premises in a condition safe for trespassers who enter without the knowledge of the owner or person in charge. The owner of the premises owes no duty to a trespasser until after his/her presence is actually known and then only owes the trespasser the duty not to willfully or wantonly injure him/her. (See exceptions as to children, Holcomb v. Ideal Concrete Co., 140 Ga. App. 857, 858 (1976).) Rowland v. Byrd, 57 Ga. App. 390 (1938) Rawlins v. Pickren, 45 Ga. App. 261 (1932) Norris v. Macon Terminal Co. et al., 58 Ga. App. 313(2) (1938)

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