If you were injured while using someone’s land for free for fun, such as hiking, fishing, or swimming, Georgia law may shield the owner from your claim. The Recreational Property Act says owners who open their land to the public at no charge owe no duty to keep it safe. There are limited exceptions.
What the Law Says
O.C.G.A. § 51-3-20, Purpose of article, states:
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.
O.C.G.A. § 51-3-21, Definitions, states in part:
(1) “Charge” means the admission price or fee asked in return for invitation or permission to enter or go upon the land.
(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, aviation activities, nature study, water skiing, winter sports, and viewing or enjoying historical, archeological, scenic, or scientific sites.
O.C.G.A. § 51-3-22, Duty of owner of land to those using same for recreation generally, states:
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.
O.C.G.A. § 51-3-23, Effect of invitation or permission to use land for recreation, states:
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.
You can read the full statutes on the Georgia General Assembly’s official code site.
In Plain English
Normally, a property owner must use ordinary care to keep visitors safe. The Recreational Property Act is a big exception. The state passed it in 1965. The goal, stated in section 51-3-20, is to get owners to open their land for public recreation. To do that, the law takes away most of the owner’s legal risk.
Here is the basic deal. If an owner lets people use land for recreation for free, the owner owes them no duty of care. Section 51-3-22 says the owner does not have to keep the land safe. The owner does not even have to warn about known dangers. Section 51-3-23 says that letting you on the land does not make you an invitee or licensee. Those are the visitor types who normally get legal protection.
The word “owner” is broad. Under section 51-3-21(3), it includes tenants, occupants, and anyone in control of the land. Georgia courts have applied the Act to private landowners, businesses, and cities and counties that run free parks.
“Recreational purpose” is also broad. The list in section 51-3-21(4) includes hunting, fishing, swimming, boating, camping, hiking, and more. The list says “includes, but is not limited to.” So other fun activities can count too. Georgia courts have applied the Act to things like playground use and watching sports at a public field.
The Act has limits. The most important one is the word “charge.” The immunity applies only when the owner lets you in “without charge.” If you paid an admission fee to use the land, the Act does not protect the owner. Under section 51-3-21(1), a charge means a price or fee for permission to enter the land. Georgia courts have had to decide close cases. For example, paying for parking or buying food may or may not count as a charge, depending on the facts.
Sections 51-3-22 and 51-3-23 both point to another section, 51-3-25, for exceptions. That section is not quoted here. In general terms, it preserves liability where the owner willfully or maliciously fails to guard or warn against a dangerous condition. It also preserves liability where the owner charges for entry. “Willful” means the owner knew about the danger and chose not to warn. Simple carelessness is not enough.
Another limit is mixed use. If land is used for both recreation and business, courts ask what the main purpose was. This is a fact question that can go either way.
Example
On April 18, 2026, Luis took his family to a free county park near Columbus to fish at the lake. He walked down a wooden dock. A rotten board gave way and he fell, breaking his ankle. His medical bills came to $9,500.
The county did not charge anyone to enter the park or use the dock. Fishing is a listed recreational purpose. Under sections 51-3-22 and 51-3-23, the county owed Luis no duty of care and no duty to warn. Unless Luis can show the county acted willfully, his claim will likely fail.
Now change one fact. Suppose the county charged a $10 fee per person to enter the park. Now the Act’s protection may not apply, because the county let Luis in for a charge. He could bring a normal premises liability claim. He would then have to show the county failed to use ordinary care in maintaining the dock.
Or suppose the park was free, but a county worker had flagged the rotten dock in a report three months earlier. The county closed the dock for one day, then reopened it without repairs. A court might find that willful. Luis could then argue the exception in section 51-3-25 applies.
Key Points to Remember
- The Recreational Property Act protects owners who let people use their land for free for recreation.
- Protected owners owe no duty to keep the land safe or to warn of dangers.
- “Owner” includes tenants and anyone in control of the land, and courts have applied it to government parks.
- “Recreational purpose” includes hunting, fishing, swimming, hiking, camping, and similar activities.
- The protection does not apply if the owner charged a fee to enter.
- Owners can still be liable for willful or malicious failure to guard or warn against a danger.
- Whether a fee counts as a “charge” can be a close question that depends on the facts.
Related Georgia Laws
- Georgia Premises Liability: Invitee vs. Licensee
- Georgia Negligent Security Law
- Georgia Ante Litem Notice for Claims Against Counties
- Georgia Ante Litem Notice for Claims Against Cities
- Premises Liability in Georgia
- Negligence in Georgia
Official Sources
- Official Code of Georgia Annotated – Georgia General Assembly – search for sections 51-3-20 through 51-3-25
- Georgia General Assembly
This page is general legal information, not legal advice. Laws change and every case is different. Talk to a licensed Georgia attorney about your situation.