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Clayton County Accident Attorney I Premises Liability & Recreational Land

Clayton County Accident Attorney Shane Smith Discusses Liability for Recreational Land Owners

Under certain circumstances, the owner/operator of a premise may be held liable for the injuries or death of an invited or social guest. Georgia law permits injured individuals or the family of a fatally injured individual to pursue a personal injury claim against the premises owner/operator if they are found responsible for breaching their duty of care in providing a safe environment.

How Does Georgia Law Treat Owners & Operators of Recreational Property?

Owners and users of recreational property that has a pond or permits recreational ATV riders are directly impacted by this liability. If someone suffers severe injuries or dies due to an ATV accident, a drowning or similar act will have their life and that of their family altered forever. Georgia’s Recreational Property Act, the so-called “RPA” details how owners and users of recreational land are impacted.

This State law gives landowners of recreational lands protection under certain circumstances, but not all. Liability protection extends to owners of this type of land when they permit individuals to use their land free of charge for activities normally considered “recreational” Including:

  • Boating
  • Hiking
  • Fishing
  • Hunting
  • Water Sports

The State of Georgia put this law into effect to let recreational land owners let others enjoy nature and nature-based sporting events on their land with a low to no level of liability. Generally speaking, the land-owner, who provides this land to visitors free of charge, has no expectation to ensure the visitors’ safety.

What Happens if the Land Owner Charges Me?

If you use land for recreational purposes and are charged for it, land owners have much greater liability. If a user charges admission, a use fee to bring business or for profit, Georgia State law may permit injured parties the families of killed parties to seek financial justice in Georgia’s courts.

If you or a family member has been injured or killed on recreational land, whether you have paid for admission or not, speaking with a Georgia accident attorney at the Law Offices of Shane Smith will help you determine what your legal rights are under Georgia law and if you are able to commence a personal injury claim. Since the circumstances surrounding a personal injury on recreational land are complex and cannot simply be made by looking at why the injury or death was caused, the Clayton County accident attorney you speak with during your free legal consultation will inform you of your options and let you know what you can do to obtain justice. Call the Law Offices of Shane Smith today at (770) 487-8999.


Shane Smith
Advocate for the Seriously Injured in Georgia