Summer Camp Injury Claims in Georgia

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When a child comes home hurt from a summer camp, a Georgia claim turns first on what kind of program the camp was and what it had to do. The Department of Early Care and Learning requires programs that provide group care for children to be licensed or exempt, and a day camp for school-aged children can qualify for an exemption that carries its own notices and records. The Recreational Property Act limits a landowner’s duty toward people who use land for camping, swimming, and similar purposes, but not on a day the owner charges for entry. Beyond those rules, a camp answers under the general law of premises, staff, and deadlines.

Licensed or Exempt

Georgia defines a child care learning center as a place that, for pay, takes in seven or more children under 18 for group care of less than 24 hours a day without a transfer of legal custody (OCGA 20-1A-2(3)), and the Department of Early Care and Learning regulates early care and education programs (OCGA 20-1A-4(5)). Under the department’s rules, “[a]ll programs providing group care for children shall obtain either a License, Permit or a commission for an early care and education program or an exemption from the Department, as applicable” (Ga. Comp. R. & Regs. 591-1-1-.46(1)).

One exemption category is written for camps: “Day Camp Programs or School Breaks for School-Aged Children,” meaning “[a]ny program whose primary purpose is to provide organized recreational, religious, or instructional activities for children five (5) years and older that is operated during summer and other school breaks for no more than twelve (12) hours per day” (Rule 591-1-1-.46). An exempt program must post near its front entrance a copy of the exemption approval letter and the department’s notice that the program “is not licensed and is not required to be licensed by the state”; each parent signs a form at registration acknowledging the same; and the program keeps attendance records and those forms while the child is enrolled and for one year after the child leaves (Rule 591-1-1-.46(1)(a)3., 4.). The exemption is from licensure only and does not affect the authority of health, fire, building, or zoning officials to inspect and approve the facility (Rule 591-1-1-.46(1)(a)2.).

Water Activities at a Licensed Center

For a licensed center, the department’s rules set the supervision for swimming, boating, fishing, or wading in water two feet deep or more: one staff member for every six children four years and older who cannot swim fifteen yards unassisted, one for every fifteen who can, and at least one person with current lifeguard training from a recognized water-safety organization. At least one additional staff member must be available when, among other circumstances, the majority of the children in a group are not accustomed to or are afraid of the water or the water facility is particularly crowded, and a child may not take part in a swimming activity without the parents’ written permission (Rule 591-1-1-.35, effective Sept. 22, 2026). Those rules bind licensed centers; a camp operating under an exemption is not licensed by the department.

The Recreational Property Act at a Camp

The Act’s recreational purposes include, among others, swimming, boating, camping, picnicking, hiking, and nature study (OCGA 51-3-21(4)). Subject to the exceptions in OCGA 51-3-25, the owner has no duty to keep the land safe for people who enter or use it for those purposes (OCGA 51-3-22). One exception bears directly on a camp: the Act leaves liability in place on a day when the owner charges a person who lawfully enters for recreational use and someone is injured in connection with the use for which the charge was made (OCGA 51-3-25(2)).

The Camp’s Duty and Its Staff

Ordinary diligence is “that degree of care which is exercised by ordinarily prudent persons under the same or similar circumstances” (OCGA 51-1-2), and an owner or occupier who invites others onto the premises for a lawful purpose is liable for a failure to exercise ordinary care in keeping the premises and approaches safe (OCGA 51-3-1).

For the people who run the activities, an employer has to use ordinary care in choosing employees and may not keep them on after learning that they are incompetent (OCGA 34-7-20). A person is also liable for torts that a servant commits by the person’s command or within the scope of the person’s business (OCGA 51-2-2). An outside vendor that runs an activity as an independent business is treated differently: an employer is ordinarily not answerable for someone who carries on an independent business and is not under the employer’s immediate direction and control (OCGA 51-2-4), apart from the situations in which the law makes an employer liable for a contractor’s negligence (OCGA 51-2-5).

Supervision When Conditions Change

A camp’s own safety policies and its plan for emergencies can decide whether a claim survives a signed release. In Bailey v. Make A Difference Ministries, Inc., No. A24A0546 (Ga. Ct. App. June 28, 2024), a release barred an adult chaperone’s ordinary negligence claims after an injury during a storm evacuation of a camp’s elevated course, but evidence that the camp departed from its own supervision policy and had no formal evacuation plan let a gross negligence claim go to a jury. The plaintiff in Bailey was an adult who signed the release personally; the case did not involve a camper.

Frequently Asked Questions

What does the posted notice at an exempt camp have to show?
The department’s notice that the program is not licensed must be in letters at least half an inch high and must give the department’s telephone number and website address, so the notice itself tells a parent how to reach the department (Rule 591-1-1-.46(1)(a)3.).

Does a licensed program have to say if it has no liability insurance?
If the department has recommended in writing that a licensed program carry liability insurance and the program is not covered, it must post that fact in a conspicuous place and notify each parent or guardian in writing, and each parent or guardian must acknowledge receipt in writing (OCGA 20-1A-4(9)).

How long does a camper who is a minor have to sue?
The two-year period for injuries to the person (OCGA 9-3-33) begins for a minor camper only on the camper’s 18th birthday, because a person under 18 at accrual receives the same time after turning 18 that others have, subject to the exception for OCGA 9-3-33.1 (OCGA 9-3-90(b)).

Does the parents’ claim for the child’s medical bills get the same extra time?
Not according to the Court of Appeals. Brent v. Hin, 561 S.E.2d 212 (Ga. Ct. App. 2002), places the claim for a minor’s medical expenses with the parents and recounts Mitchell v. Hamilton, 228 Ga. App. 850 (1997), where a mother’s claim for a daughter’s medical bills was barred once the two-year personal injury period ran.

  • OCGA 20-1A-2(3); OCGA 20-1A-4(5), (9)
  • Ga. Comp. R. & Regs. 591-1-1-.35 (effective Sept. 22, 2026); 591-1-1-.46
  • OCGA 51-3-21(4); OCGA 51-3-22; OCGA 51-3-25(2)
  • OCGA 51-1-2; OCGA 51-3-1; OCGA 34-7-20; OCGA 51-2-2; OCGA 51-2-4; OCGA 51-2-5
  • OCGA 9-3-33; OCGA 9-3-90(b); OCGA 9-3-33.1
  • Bailey v. Make A Difference Ministries, Inc., No. A24A0546 (Ga. Ct. App. June 28, 2024)
  • Brent v. Hin, 561 S.E.2d 212 (Ga. Ct. App. 2002), describing Mitchell v. Hamilton, 228 Ga. App. 850 (1997)

Disclaimer

This article provides general information about summer camp injury claims under Georgia law. It is not legal or medical advice and does not create an attorney-client relationship. Whether a statute limits a claim depends on the specific facts and current authority. A family dealing with a camp injury should seek medical care for the child and consult a licensed Georgia attorney promptly about the particular situation.

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