ATV and Off-Road Vehicle Accident Claims in Georgia

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Riding an ATV on someone else’s land in Georgia brings two statutes into an injury claim before any question of fault. The off-road vehicle chapter makes riding on private property without the owner’s express written permission a violation. The recreational property statute limits what a landowner owes to people who use the land for recreation without paying, and keeps liability in place for willful or malicious conduct and on days when the owner charges for entry.

What Counts as an Off-Road Vehicle

An “off-road vehicle” is “any motorized vehicle designed for or capable of cross-country travel on or immediately over land, water, snow, ice, marsh, swampland, or other natural terrain and not intended for use predominantly on public roads.” The term “includes, but is not limited to, four-wheel drive vehicles, low-pressure tire vehicles, two-wheel vehicles, nonhighway tire vehicles, amphibious machines, ground effect or air cushion vehicles, and any other means of transportation deriving power from any source other than muscle or wind” (OCGA 40-7-3).

Where and How It May Be Ridden

A person who operates an off-road vehicle under any of three conditions “shall be deemed to be in violation of this chapter and subject to the penalties provided in Code Section 40-7-6”: without operative brakes or without mufflers or other silencing equipment; “[o]n any private property without the express written permission of the owner of the property or his or her agent”; or within a perennial stream, except when directly crossing it (OCGA 40-7-4).

What the Landowner Owes

The recreational property statute exists to encourage owners to open land and water areas to the public for recreation by limiting their liability to people who enter for that purpose (OCGA 51-3-20). Its open-ended list of recreational purposes includes hunting, fishing, camping, hiking, and “pleasure driving,” among others (OCGA 51-3-21(4)). Except as OCGA 51-3-25 provides, an owner has no duty to keep the premises safe for people who enter or use them for recreation, or to warn them of a dangerous condition, use, structure, or activity on the land (OCGA 51-3-22).

The protection ends in two situations: a willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity, and a date on which the owner charges an entrant for recreational use and someone is injured in connection with the use paid for (OCGA 51-3-25). A charge is the admission price or fee asked in return for permission to enter or go on the land (OCGA 51-3-21(1)).

The Machine Itself

A defect in the vehicle points to its maker. Georgia makes the manufacturer of personal property sold as new liable in tort, without privity, to a person injured because the property was not merchantable and reasonably suited to its intended use when sold (OCGA 51-1-11(b)(1)). That claim cannot be brought more than ten years after the product’s first sale for use or consumption (OCGA 51-1-11(b)(2)).

Frequently Asked Questions

Is the landowner responsible when one rider injures another?
An owner who invites or permits people to use the land for recreation without charge does not thereby take on responsibility or liability for injuries to persons or property that those people cause, and does not give them the legal status of an invitee or licensee owed a duty of care (OCGA 51-3-23).

Does a trail fee change what the landowner owes?
It can. The liability limits do not apply on a date when the owner charges an entrant and someone is injured in connection with the recreational use paid for, but lease payments the owner receives for land leased to the state or a political subdivision do not count as a charge (OCGA 51-3-25(2)).

Can an off-road vehicle be ridden in a creek?
Not within a perennial stream, except when directly crossing it. The chapter defines a perennial stream by four features, including that it “under normal circumstances has water flowing year round” and “has the channel located below the ground-water table most of the year” (OCGA 40-7-4(3)).

Are golf carts and farm vehicles off-road vehicles under the chapter?
The definition excludes farm machinery and vehicles used exclusively for agricultural purposes, and excludes self-propelled lawnmowers, snowblowers, garden or lawn tractors, and golf carts while they are used only for their designed purposes (OCGA 40-7-3).

  • OCGA 40-7-3; OCGA 40-7-4
  • OCGA 51-3-20; OCGA 51-3-21(1), (4); OCGA 51-3-22; OCGA 51-3-23; OCGA 51-3-25
  • OCGA 51-1-11(b)(1), (2)

Disclaimer

This article provides general information about off-road vehicle claims under Georgia law. It is not legal advice, is not medical advice, and does not create an attorney-client relationship. Who is responsible and when a claim must be filed depend on the land, the vehicle, and the specific facts. A person hurt in an off-road vehicle crash should seek medical care and consult a licensed Georgia attorney promptly about the particular situation.

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