---
title: O.C.G.A. § 51-3-25. Certain liability not limited.
collection: code
id: 51-3-25
cite_as: O.C.G.A. § 51-3-25 (2025)
canonical_url: https://georgiacommons.org/code/51-3-25
md_url: https://georgiacommons.org/code/51-3-25.md
text_url: https://georgiacommons.org/code/51-3-25/text
source_url: https://www.legis.ga.gov/api/document/docs/default-source/joint-features-document-library/t51-(v39)-pdf.pdf?sfvrsn=90608a4d_0#page=47
date: 2025
status: active
corpus_version: 2025-supplement-89aa39ab3c68
license: CC0-1.0
publisher: Georgia Commons, an independent project of Georgia Civic Data. Not the State of Georgia. Not legal advice.
up: https://georgiacommons.org/code/51-3.md
previous: https://georgiacommons.org/code/51-3-24.md
next: https://georgiacommons.org/code/51-3-26.md
index: https://georgiacommons.org/code/index.md
version: the only printed version
in_force: true
current_through: Including Acts of the 2025 Regular Session of the General Assembly
heading_path: TORTS / LIABILITY OF OWNERS AND OCCUPIERS OF LAND / OWNERS OF PROPERTY USED FOR RECREATIONAL PURPOSES
---

# O.C.G.A. § 51-3-25. Certain liability not limited.

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.

## Law Reviews

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

## 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).