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O.C.G.A. § 12-3-116 — Responsibility and liability of owners of premises traversed by system | Georgia Code
O.C.G.A. § 12-3-116 (2018) Copy Cite Official Site Syfertize CourtListener Scholar Amendments

TITLE 12 CONSERVATION AND NATURAL RESOURCES

Section 3. Parks, Historic Areas, Memorials, and Recreation, 12-3-1 through 12-3-708.

ARTICLE 5 SCENIC TRAILS

12-3-116. Responsibility and liability of owners of premises traversed by system.

  1. Any person who goes upon or through the premises, including, but not limited to, lands, waters, and private ways, of another with or without permission to hunt, fish, swim, trap, camp, hike, sightsee, or for any other purpose, without the payment of monetary consideration, or with the payment of monetary consideration directly or indirectly on his behalf by an agency of the state or federal government, is not thereby entitled to any assurance that the premises are safe for such purpose. The owner of such premises does not assume responsibility for or incur liability for any injury to person or property caused by an act or failure to act of other persons using such premises.
  2. Nothing in this Code section shall be construed as affecting the existing case law of Georgia regarding liability of owners or possessors of premises with respect to business invitees in commercial establishments or to invited guests, nor shall this Code section be construed so as to affect the attractive nuisance doctrine. In addition, nothing in this Code section shall excuse the owner or occupant of premises from liability for injury to persons or property caused by the malicious or illegal acts of the owner or occupant.

(Ga. L. 1972, p. 142, § 6.)

RESEARCH REFERENCES

Am. Jur. 2d.

- 57A Am. Jur. 2d, Negligence, §§ 21, 129. 62 Am. Jur. 2d, Premises Liability, §§ 1, 6, 7, 13, 24, 69, 89, 90, 110, 210, 213, 283.

C.J.S.

- 65A C.J.S., Negligence, § 408 et seq.

ALR.

- Liability for injury or death of nonparticipant caused by water skiing, 67 A.L.R.3d 1218.

Liability of swimming facility operator for injury or death allegedly resulting from defects of diving board, slide, or other swimming pool equipment, 85 A.L.R.3d 849.

Liability of swimming facility operator for injury to or death of trespassing child, 88 A.L.R.3d 1197.

Liability of swimming facility operator for injury or death inflicted by third person, 90 A.L.R.3d 533.

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