State and National Park Injury Claims in Georgia

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An injury in a park can be governed by three different sets of rules at once: a Georgia statute that limits the duty an owner of land owes to people who enter for recreation, the immunity and notice rules for whichever government runs the park, and, for a national park, federal tort claims law. The order matters, because the recreational-use statute can decide whether a duty existed at all before the government-claims rules decide whether the claim can be sued on.

The Recreational Property Act

The purpose of Georgia’s Recreational Property Act “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” (OCGA 51-3-20). The article defines its terms broadly:

  • “Land” means “land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to the realty.”
  • “Owner” means “the possessor of a fee interest, a tenant, a lessee, an occupant, or a person in control of the premises.”
  • “Charge” means “the admission price or fee asked in return for invitation or permission to enter or go upon the land.”
  • “Recreational purpose” “includes, but is not limited to,” 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” (OCGA 51-3-21).

“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” (OCGA 51-3-22). An owner who invites or permits recreational use “without charge” does not “[e]xtend any assurance that the premises are safe for any purpose,” does not “[c]onfer upon such person the legal status of an invitee or licensee to whom a duty of care is owed,” and does not “[a]ssume responsibility for or incur liability for any injury to person or property caused by an act of omission of such persons” (OCGA 51-3-23). The statute applies to an owner of land leased to the State or a subdivision for recreation (OCGA 51-3-24).

The limits have two stated exceptions. “Nothing in this article limits in any way any liability which otherwise exists: (1) For willful or malicious failure to guard or warn against a dangerous condition, use, structure, or activity; or (2) On a date when the owner of land charges any individual who lawfully enters such land for recreational use and any individual is injured in connection with the recreational use for which the charge was made,” except that in the case of land leased to the State or a subdivision, “any consideration received by the owner for the lease shall not be deemed a charge” (OCGA 51-3-25). The article does not “[c]reate a duty of care or ground of liability for injury to persons or property,” and does not relieve a person using the land of the obligation to exercise care in the use of the land and in the person’s activities (OCGA 51-3-26).

For example, imagine a visitor injured on a trail on a day when the land’s owner charged an admission fee to everyone entering for recreation. Under OCGA 51-3-25(2), the article does not cut back any liability that otherwise exists on that date for an injury connected with the recreational use for which the charge was made. On a day with no charge, and without willful or malicious conduct, OCGA 51-3-22 applies as written.

A State Park

A claim against the State runs through the Georgia Tort Claims Act, which waives sovereign immunity for the torts of state officers and employees acting within the scope of their duties, subject to exceptions that include discretionary functions (OCGA 50-21-23(a); OCGA 50-21-24(2)). Written notice is due within 12 months of the date the loss was or should have been discovered, suit within two years of that date, and recovery is capped at $1 million per person and $3 million per occurrence (OCGA 50-21-26(a)(1); OCGA 50-21-27(c); OCGA 50-21-29(b)(1)). The Act’s definition of the State leaves out counties, municipalities, and other local units, so a county or city park is governed by that government’s own rules (OCGA 50-21-22(5)).

A National Park

A claim over a national park runs against the United States under the Federal Tort Claims Act, which gives the federal courts jurisdiction over injuries caused by the negligent or wrongful act or omission of a federal employee acting within the scope of employment, where a private person would be liable under the law of the place where the act or omission occurred (28 U.S.C. 1346(b)(1)). The claim must first be presented to the agency and finally denied, or six months must pass without a final decision (28 U.S.C. 2675(a)), and claims based on a discretionary function or duty are excluded (28 U.S.C. 2680(a)).

Frequently Asked Questions

Is a park injury claim tried to a jury?
Against the State, trial is by a judge with a jury unless the parties agree otherwise (OCGA 50-21-29(a)); against the United States, a judge alone hears the tort claim, with no jury (28 U.S.C. 2402).

Are punitive damages or prejudgment interest available against the State or the United States?
No. Neither is allowed in an award under the State’s tort claims act (OCGA 50-21-30), and the United States is not liable for interest before judgment or for punitive damages (28 U.S.C. 2674).

How long after a federal agency denies the claim can suit be filed?
The action must be begun within six months after the date the agency mailed notice of its final denial, and the claim itself must have been presented within two years after it accrued (28 U.S.C. 2401(b)).

What notice applies to a city or county park?
A claim against a municipality must be presented within six months of the event, and a claim against a county within 12 months after it accrues, with a minor or other person under a disability given 12 months after the disability ends (OCGA 36-33-5(b); OCGA 36-11-1).

  • OCGA 51-3-20; OCGA 51-3-21; OCGA 51-3-22; OCGA 51-3-23; OCGA 51-3-24; OCGA 51-3-25; OCGA 51-3-26
  • OCGA 50-21-22(5); OCGA 50-21-23(a); OCGA 50-21-24(2); OCGA 50-21-26(a)(1); OCGA 50-21-27(c); OCGA 50-21-29(a), (b)(1); OCGA 50-21-30
  • OCGA 36-33-5(b); OCGA 36-11-1
  • 28 U.S.C. 1346(b)(1); 28 U.S.C. 2401(b); 28 U.S.C. 2402; 28 U.S.C. 2674; 28 U.S.C. 2675(a); 28 U.S.C. 2680(a)

Disclaimer

This article provides general information about park injury claims under Georgia and federal law. It is not legal advice and does not create an attorney-client relationship. Which statute applies depends on who owns and operates the land, whether a charge was made, and the specific facts. A person injured in a park should consult a licensed Georgia attorney promptly about the particular situation.

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