Mayor & Alderman of Garden City v. HarrisAnnotate this Case
The issue this case presented for the Georgia Supreme Court’s review centered on the proper statutory interpretation of the Recreational Property Act, OCGA 51-3-20 et seq. (RPA), which shields from potential liability landowners who “either directly or indirectly invite or permit without charge any person to use the[ir] property for recreational purposes.” Willie and Kristy Harris, along with their six-year-old daughter, Riley, attended a youth football game in 2012 at the Garden City Stadium, a facility owned and maintained by the City of Garden City. Willie and Kristy each paid the required $2 admission fee for spectators over the age of six. However, because Riley was only six years old, the Harrises were not required to pay an entrance fee for her, and Riley was admitted to the event free of charge. At one point during the game, while Riley was walking across the bleachers to return to her seat after visiting the concession stand, she slipped and fell between the bench seats and suffered serious injuries after falling to the ground nearly thirty feet below. The Harrises sued the City to recover for Riley’s injuries, and the City moved for summary judgment, relying on the immunity provided by the RPA. The Supreme Court granted certiorari in this case to determine whether the Court of Appeals erred in concluding that a landowner would not be shielded from potential liability by the RPA where that landowner charged a fee to some people who used the landowner’s property for recreational purposes, but did not charge any fee to the injured party who used the property for such purposes. The Court determined that because the plain language of the RPA shielded a landowner from potential liability under the circumstances presented here, the Court of Appeals erred in concluding otherwise.