2022 Georgia Code
Title 51 - Torts
Chapter 3 - Liability of Owners and Occupiers of Land
Article 2 - Owners of Property Used for Recreational Purposes
§ 51-3-25. Certain Liability Not Limited

Universal Citation: GA Code § 51-3-25 (2022)

Nothing in this article limits in any way any liability which otherwise exists:

  1. For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or
  2. On a date when the owner of land charges any individual who lawfully enters such land for recreational use and any individual is injured in connection with the recreational use for which the charge was made, provided that, in the case of land leased to the state or a subdivision thereof, any consideration received by the owner for the lease shall not be deemed a charge within the meaning of this Code section.

History. Ga. L. 1965, p. 476, § 6; Ga. L. 2018, p. 1083, § 1/HB 904.

The 2018 amendment, effective July 1, 2018, substituted “On a date when the owner of land charges any individual who lawfully enters such land for recreational use and any individual is injured in connection with the recreational use for which the charge was made, provided that,” for “For injury suffered in any case when the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that,” at the beginning of paragraph (2).

Code Commission notes.

Pursuant to Code Section 28-9-5, in 2000, “thereof, any consideration” was substituted for “thereof any, consideration” in paragraph (2).

Law reviews.

For annual survey on trial practice and procedure, see 70 Mercer L. Rev. 253 (2018).

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