Section 3. Liability of Owners and Occupiers of Land, 51-3-1 through 51-3-44.
ARTICLE 3
OWNERS OF PROPERTY USED FOR OTHER PURPOSES
51-3-31. Agritourism defined; immunity for civil liability; warnings.
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For the purposes of this Code section, the term "agritourism" shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4.
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A landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property or to enter the owner's property for the purposes of agritourism shall be immune from civil liability for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity, provided that:
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The landowner's conduct does not constitute gross negligence or willful and wanton misconduct;
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The landowner has posted at the main point of entry, if present, to the property a sign with a warning notice stating the following:
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In the case of agritourism:
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In the case of a landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner's property:
The warning notice specified in this paragraph shall appear on the sign in black letters, with each letter to be a minimum of one inch in height; and
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The person who has paid admission to the landowner to enter such landowner's property to hunt, fish, or for the purposes of agritourism has signed a waiver of liability form stating that the person entering the landowner's property has waived all civil liability against the landowner for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity. Such waiver of liability form shall mirror the language provided for in paragraph (2) of this subsection regarding the warning notice.
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This Code section shall be supplemental to all other provisions of law that provide defenses to property owners. This Code section shall not create any new cause of action against a property owner or additional liability to property owners.
"Warning
Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity."
"Warning
Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity."
(Code 1981, §51-3-31, enacted by Ga. L. 2009, p. 444, § 2/HB 529.)
Code Commission notes.
- Pursuant to Code Section 28-9-5, in 2009, Code Section 51-1-53, as enacted by Ga. L. 2009, p. 444,
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2/HB 529, was redesignated as Code Section 51-3-31.
Editor's notes.
- Ga. L. 2009, p. 444,
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3/HB 529, not codified by the General Assembly, provides that this Code section shall apply to all causes of action arising on or after May 1, 2009.
