2022 Georgia Code
Title 51 - Torts
Chapter 16 - Covid-19 Pandemic Business Safety
§ 51-16-3. Rebuttable Presumption of Assumption of Risk Relating to Premises of Individuals or Entities

1. Except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, in an action involving a COVID-19 liability claim against an individual or entity for transmission, infection, exposure, or potential exposure of COVID-19 to a claimant on the premises of such individual or entity, there shall be a rebuttable presumption of assumption of the risk by the claimant when:
   1. Any receipt or proof of purchase for entry, including, but not limited to, an electronic or paper ticket or wristband, issued to a claimant by the individual or entity for entry or attendance, includes a statement in at least ten-point Arial font placed apart from any other text, stating the following warning:

      “Any person entering the premises waives all civil liability against this premises owner and operator for any injuries caused by the inherent risk associated with contracting COVID-19 at public gatherings, except for gross negligence, willful and wanton misconduct, reckless infliction of harm, or intentional infliction of harm, by the individual or entity of the premises.”; or

   2. An individual or entity of the premises has posted at a point of entry, if present, to the premises, a sign in at least one-inch Arial font placed apart from any other text, a written warning stating the following:

      Under Georgia law, there is no liability for an injury or death of an individual entering these premises if such injury or death results from the inherent risks of contracting COVID-19. You are assuming this risk by entering these premises.”

2. The provisions in this Code section shall not be construed so as to limit or restrict the immunities from liability provided in Code Section 51-16-2; further failure to participate as provided in subsection (a) of this Code section shall in no way limit or restrict the immunities from liability provided in Code Section 51-16-2 nor shall such failure to participate be admissible.

“Warning

History. Code 1981, § 51-16-3 , enacted by Ga. L. 2020, p. 798, § 3/SB 359; Ga. L. 2021, p. 922, § 51/HB 497.

The 2021 amendment, effective May 10, 2021, part of an Act to revise, modernize, and correct the Code, substituted “including, but not limited to,” for “including but not limited to” in paragraph (a)(1).

Law reviews.

For article with annual survey on torts, see 73 Mercer L. Rev. 243 (2021).

For comment, “No Shirt, No Shoes, No Mask, No Entry, and (hopefully) No Lawsuits under the Georgia COVID-19 Business Safety Act!,” see 72 Mercer L. Rev. 915 (2021).