Licensee or Invitee? Why the Difference Matters in a Georgia Hotel Accident

Georgia property owners have a legal duty to keep their premises reasonably safe for invited guests. The degree of that duty depends, however, on the legal status of that guest. Broadly speaking, Georgia law divides such persons into three categories: invitee, licensee, and trespasser.

The property owner owes the highest duty of care to an invitee, who is someone present for the mutual benefit of both parties. For example, if you are a paid guest at a hotel you are considered an invitee. The hotel thus has a duty to “exercise ordinary care” in keeping its premises safe for you.

But a property owner is only required to protect a licensee against willful or wanton injury. So what exactly is a licensee? Basically, it is someone who is on the property lawfully (i.e., not a trespasser) but is not in any sort of business or contractual relationship with the owner. If you visit someone’s home as a social guest, for instance, you are considered an invitee, as you are there primarily for your own interests.

Atlanta Motel Owner Faces Personal Injury Claim Following Attack on Guest

This raises an interesting question: What if you are a social guest of a paid hotel customer? Are you then considered a licensee or invitee of the hotel? The Georgia Court of Appeals recently addressed this exact scenario.

The case before the court, Radheshvar, LLC v. Perez Larios, involved a plaintiff injured at an Atlanta motel owned by the defendant. At the time, the plaintiff was visiting his cousin, who rented a room at the motel. The cousin invited the plaintiff to his room after dinner, and while walking on a public breezeway on the property, an unknown person attacked and seriously injured the plaintiff.

The plaintiff subsequently sued the defendant, alleging his injuries were the result of inadequate security on the part of the motel. The defendant moved to dismiss, arguing that at the time the plaintiff was a licensee rather than an invitee, and as such it could only be held liable for “wanton or willful injury.” (In this context, this means an injury caused directly by the defendant, as opposed to negligent security leading to an injury caused by a third party.)

The Court of Appeals said that at this stage of the litigation, it is possible that a jury could find the plaintiff was an invitee. The key consideration is whether the defendant received “some benefit” from the plaintiff’s presence on the property. For instance, Georgia courts have held in prior cases that social guests of apartment tenants are still considered invitees of the landlord due to the existence of the landlord-tenant relationship. So even though the plaintiff in this case was not a paying customer, his relationship to a paying customer might be sufficient to classify him as an invitee.

Contact an Atlanta Hotel Injury Lawyer

If you are injured while visiting a hotel or motel in the Atlanta area, you may be entitled to compensation if the property owner’s negligent or reckless actions contributed to your losses. Our Atlanta hotel injury attorneys can review your case and advise you of your options. Contact Morain & Buckelew, LLC, today at (404) 448-3146 today to schedule a free consultation.

Source:

efast.gaappeals.us/download?filingId=2569f268-7eee-4634-97c2-45fe9cc779c2