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Official Code of Georgia Annotated

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.

Active

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

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

  2. (1)

    For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or#

  3. (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.#

The notes below are printed with the section but are not enacted law (O.C.G.A. § 1-1-1(c)). They are shown apart from the text.

History

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

Amendments

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).

Law reviews

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

Read the official page (the state's PDF, opened at the page this text was read from).

Current through: Including Acts of the 2025 Regular Session of the General Assembly.

Text read from t51-(v39)-pdf.pdf, Volume V39, 2017 edition, 2025 supplement, pages 47 to 48; merge action: replaced; file SHA-256 9104a04c683d.