Bill Text: GA SB75 | 2009-2010 | Regular Session | Comm Sub

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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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Status: (Engrossed - Dead) 2009-04-03 - House Withdrawn, Recommitted [SB75 Detail]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-Comm_Sub.html

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09 LC 29 3753S

The Senate Judiciary Committee offered the following substitute to SB 75:

A BILL TO BE ENTITLED
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.