2023 CODE OF GEORGIA
Title 51 – TORTS (§§ 51-1-1 — 51-16-5)
Chapter 3 – LIABILITY OF OWNERS AND OCCUPIERS OF LAND (§§ 51-3-1 — 51-3-44)
Article 3 – LANDOWNER IMMUNITY (§§ 51-3-30 — 51-3-31)
Section 51-3-31 – Agritourism defined; immunity for civil liability; warnings
Universal Citation:
GA Code § 51-3-31 (2023)
Learn more This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
- (a) For the purposes of this Code section, the term “agritourism” shall carry the same meaning as set out in subparagraph (p)(7)(B) of Code Section 48-5-7.4.
- (b) A landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner’s property or to enter the owner’s property for the purposes of agritourism shall be immune from civil liability for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity, provided that:
- (1) The landowner’s conduct does not constitute gross negligence or willful and wanton misconduct;
- (2) The landowner has posted at the main point of entry, if present, to the property a sign with a warning notice stating the following:
- (A) In the case of agritourism: “Warning Under Georgia law, there is no liability for an injury or death of a participant at least 18 years of age in a registered agritourism activity conducted at this registered agritourism location if such injury or death results from the inherent risks of such agritourism activity. Inherent risks of agritourism activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this registered agritourism activity.”
- (B) In the case of a landowner who charges admission for a person who is 18 years of age or older to hunt or fish on the owner’s property: “Warning Under Georgia law, there is no liability for an injury or death of a hunting or fishing participant at least 18 years of age conducted at this location if such injury or death results from the inherent risks of such hunting or fishing activity. Inherent risks of hunting or fishing activities include, but shall not be limited to, the potential of you to act in a negligent manner that may contribute to your injury or death and the potential of another participant to act in a negligent manner that may contribute to your injury or death. You are assuming the risk of participating in this hunting or fishing activity. “The warning notice specified in this paragraph shall appear on the sign in black letters, with each letter to be a minimum of one inch in height; and
- (3) The person who has paid admission to the landowner to enter such landowner’s property to hunt, fish, or for the purposes of agritourism has signed a waiver of liability form stating that the person entering the landowner’s property has waived all civil liability against the landowner for any injuries caused by the inherent risk associated with agritourism, hunting, or fishing activity. Such waiver of liability form shall mirror the language provided for in paragraph (2) of this subsection regarding the warning notice.
- (c) This Code section shall be supplemental to all other provisions of law that provide defenses to property owners. This Code section shall not create any new cause of action against a property owner or additional liability to property owners.
Added by 2009 Ga. Laws 99,§ 2, eff. 5/1/2009.
PLEASE EXERCISE CAUTION AT ALL TIMES
Your safety is our priority. We also want you to enjoy your visit.
The following are suggestions towards that goal:
Protect yourself from the elements – sun, bugs, wildlife.
Apply sunscreen and bug repellant and bring extra.
Wear long sleeves and pants. Closed-toe shoes are suitable for a farm landscape.
Stay hydrated. Don a sun hat. If possible, avoid midday sun / extreme Georgia heat period
Do not visit if you may be sick. Be your brother’s keeper.
Wash your hands before entering the patch, and after you finished your picking session.
Good health practice requires washing the berries before eating them. You may
ask farm staff for samples (that you can wash and taste) from the day’s pick area.
Please watch your steps. Absolutely no running. The ground may be uneven.
Do exercise caution if/when stepping across/between the beds/rows.
Do not trip on the blue irrigation lines. Watch for the ramps over the lines between the rows.
The blueberry patch is fenced in and we conduct frequent surveys for wildlife of relevance.
Please let us know if you spot anything of concern.
We are glad you chose us,
Enjoy your visit and come back soon!