Bill Text: GA SB75 | 2009-2010 | Regular Session | Engrossed
Bill Title: Landowners Protection Act of 2009; permit persons to hunt/fish or allow persons on property for agritourism; limit liability
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2009-04-03 - House Withdrawn, Recommitted [SB75 Detail]
Download: Georgia-2009-SB75-Engrossed.html
09 LC 29
3753S(SCS)
Senate
Bill 75
By:
Senators Heath of the 31st, Hooks of the 14th, Cowsert of the 46th, Bulloch of
the 11th, Tolleson of the 20th and others
AS
PASSED SENATE
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Chapter 1 of Title 51 of the Official Code of Georgia Annotated, relating
to general provisions regarding torts, so as to limit liability of certain
landowners who permit persons to hunt or fish on their property or allow persons
on such property for agritourism; to provide for a short title; to require the
posting of certain signs; to provide for specifications for such signs; to
provide for related matters; to provide for an effective date and applicability;
to repeal conflicting laws; and for other purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
This
Act shall be known and may be cited as the "Landowners Protection Act of
2009."
SECTION
2.
Chapter
1 of Title 51 of the Official Code of Georgia Annotated, relating to general
provisions regarding torts, is amended by adding a new Code section to read as
follows:
"51-1-53.
(a)
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.
(b)
Notwithstanding Code Section 13-3-20, for the purposes of this Code section a
person 16 years of age or older shall have the capacity to enter into a binding
contract to waive his or her liability.
(c)
A landowner who charges admission for a person who is 16 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 acts done
by such person on such property, provided that:
(1)
The landowner's conduct does not constitute gross negligence or willful and
wanton misconduct;
(2)
The landowner has posted at the main point of entry, if present, to the property
a sign with a warning notice stating the following:
(A)
In the case of agritourism:
'Warning
Under
Georgia law, there is no liability for an injury or death of a participant at
least 16 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.'
(B)
In the case of a landowner who charges admission for a person who is 16 years of
age or older to hunt or fish on the owner's property:
'Warning
Under
Georgia law, there is no liability for an injury or death of a hunting or
fishing participant at least 16 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.'
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
(3)
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 acts done by the landowner
on his or her property. Such waiver of liability form shall mirror the language
provided for in paragraph (2) of this subsection regarding the warning
notice.
(4)
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."
SECTION
3.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval and shall apply to all causes of action
arising on or after the effective date of this Act.
SECTION
4.
All
laws and parts of laws in conflict with this Act are repealed.