51-16-3. Rebuttable presumption of assumption of risk relating to premises of individuals or entities.

Code 1981, § 51-16-3, enacted by Ga. L. 2020, p. 798, § 3/SB 359; Ga. L. 2021, p. 922, § 51/HB 497; Ga. L. 2024, p. 198, § 1/SB 430, effective July 1, 2024.

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). The 2024 amendment, effective July 1, 2024, in subsection (a), substituted a period for “when:” at the end, and deleted former paragraphs (a)(1) and (a)(2), which read: “(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: “‘Warning “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.’”; and deleted “; 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” from the end of subsection (b).

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 Law-suits under the Georgia COVID-19 Business Safety Act!,” see 72 Mercer L. Rev. 915 (2021).