Mayor of Garden City v. Harris

For decades the Georgia courts have held that a landowner is shielded from liability pursuant to OCGA § 51-3-23 only where its property is open to the public for a recreational purpose without charge. Here, there is no question that the City’s football stadium was open to the public for a recreational purpose and that the City charged an admission fee to enter the premises. Applying OCGA § 51-3-25 (2) and Georgia’s well-established case law, I would conclude that the City is not exempted from liability under the RPA. The contrary decision reached by the majority circumvents the limitations…