Not necessarily. Under the Georgia Recreational Property Act, a landowner who opens up land to the public for recreational purposes owes no duty of care to maintain the premises in a safe condition, or even to warn of dangerous conditions for any structure, activity, or use on the premises by people who enter the property for recreational purposes.
This makes the landowner immune from suit by anyone injured on the property who entered the property to take part in recreational activities. The law includes parks, recreation centers, and athletic facilities. Under the law, this includes a non-exclusive list of activities, such as boating, swimming, fishing, hunting, camping, hiking, water skiing, winter sports, picnicking, and visiting historical, archeological, scenic, or scientific sites.
While the immunity is quite broad, it does not apply if the landowner or occupier charges an admission fee for the use of the property or facility. Additionally, if the owner or occupier willfully or maliciously does not warn about or guard against a dangerous condition, such as choosing not to erect barriers or signs, immunity from suit does not apply for injuries caused by that dangerous condition. The Georgia Recreational Property Act is a deviation from premises liability law in most states, in that it grants broad immunity to some property owners. The law is intended to encourage landowners to permit free recreational use of their property by the public.
Despite some defenses and exemptions not necessarily available in other states, if you are injured through the negligence of a property owner to keep the property safe, you may have a premises liability claim.
