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What are Your Rights to Compensation if Injured on Recreational Property?

By Evan L. Kaine

Whether landowners or business owners are liable for slip and falls and other injuries on their property depends on existing laws and the circumstances surrounding the accident. When someone swims on a private lake and drowns, can the surviving family hold the owners liable for the death? A premises liability attorney gathers extensive information and evaluates Georgia statutes, laws and case laws when determining the prospects of pursuing a lawsuit.

In Georgia, recreational property is subject to different statutes than other properties. The Georgia Recreational Property Act (“RPA”) protects private landowners who do not charge people to use their property for recreational purposes, such as hunting, fishing, swimming, boating, camping, hiking, water skiing or other sports. The purpose of the RPA is to encourage land use for recreational purposes by limiting the landowner’s liability for tort lawsuits. Typically, the landowner also has no responsibility to ensure that the land is safe. However, when recreational facilities charge admission or other fees to use the property, owners are liable and must maintain reasonably safe premises. Also, when a property owner allows people to use the property for recreational use as a means of attracting them to a business, such as a gift shop, the court may hold the property owner responsible for people’s injuries.

Property accidents are legally complex and a premises liability lawyer can help you determine your rights.

Kaine Law has worked with clients for more than 15 years, helping them receive deserved compensation when another party is liable for damages.

Published July 10, 2013

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