Cave Protection and Liability Laws
Georgia Code Section 53-3 Recreational Landowner Liability
51-3-1 G
*** CODE SECTION *** 12/03/01
51-3-1.
Where an owner or occupier of land, by express or implied
invitation, induces or leads others to come upon his premises for
any lawful purpose, he is liable in damages to such persons for
injuries caused by his failure to exercise ordinary care in keeping
the premises and approaches safe.
51-3-2 G
*** CODE SECTION *** 12/03/01
51-3-2.
(a) A licensee is a person who:
(1) Is neither a customer, a servant, nor a trespasser;
(2) Does not stand in any contractual relation with the owner of
the premises; and
(3) Is permitted, expressly or impliedly, to go on the premises
merely for his own interests, convenience, or gratification.
(b) The owner of the premises is liable to a licensee only for
willful or wanton injury.
51-3-20 G
*** CODE SECTION *** 12/03/01
51-3-20.
The purpose of this article is to encourage owners of land to make
land and water areas available to the public for recreational
purposes by limiting the owners' liability toward persons entering
thereon for recreational purposes.
51-3-21 G
*** CODE SECTION *** 12/03/01
51-3-21.
As used in this article, the term:
(1) "Charge" means the admission price or fee asked in return for
invitation or permission to enter or go upon the land.
(2) "Land" means land, roads, water, watercourses, private ways
and buildings, structures, and machinery or equipment when
attached to the realty.
(3) "Owner" means the possessor of a fee interest, a tenant, a
lessee, an occupant, or a person in control of the premises.
(4) "Recreational purpose" includes, but is not limited to, any of
the following or any combination thereof: hunting, fishing,
swimming, boating, camping, picnicking, hiking, pleasure driving,
nature study, water skiing, winter sports, and viewing or enjoying
historical, archeological, scenic, or scientific sites.
51-3-22 G
*** CODE SECTION *** 12/03/01
51-3-22.
Except as specifically recognized by or provided in Code Section
51-3-25, an owner of land owes no duty of care to keep the premises
safe for entry or use by others for recreational purposes or to give
any warning of a dangerous condition, use, structure, or activity on
the premises to persons entering for recreational purposes.
51-3-23 G
*** CODE SECTION *** 12/03/01
51-3-23.
Except as specifically recognized by or provided in Code Section
51-3-25, an owner of land who either directly or indirectly invites
or permits without charge any person to use the property for
recreational purposes does not thereby:
(1) Extend any assurance that the premises are safe for any
purpose;
(2) Confer upon such person the legal status of an invitee or
licensee to whom a duty of care is owed; or
(3) Assume responsibility for or incur liability for any injury to
person or property caused by an act of omission of such persons.
51-3-24 G
*** CODE SECTION *** 12/03/01
51-3-24.
Unless otherwise agreed in writing, Code Sections 51-3-22 and
51-3-23 shall be deemed applicable to the duties and liability of an
owner of land leased to the state or any subdivision thereof for
recreational purposes.
51-3-25 G
*** CODE SECTION *** 12/03/01
51-3-25.
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) 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, 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.
51-3-26 G
*** CODE SECTION *** 12/03/01
51-3-26.
Nothing in this article shall be construed to:
(1) Create a duty of care or ground of liability for injury to
persons or property; or
(2) Relieve any person using the land of another for recreational
purposes from any obligation which he may have in the absence of
this article to exercise care in his use of the land and in his
activities thereon or from the legal consequences of failure to
employ such care.
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