The Georgia Recreational Property Act, O.C.G.A. § 51-3-20 et seq., generally immunizes both private and governmental property owners from many forms of negligence liability when the owner of such property makes it available for recreational purposes free of charge. In a recent decision, The Mayor and Aldermen of the City of Garden City v. Harris, the Georgia Court of Appeals dealt with an interesting issue of first impression regarding the application of this expansive law. Specifically, the Court of Appeals needed to determine whether a city was immunized from liability if it did not charge the injured person a fee but charged others a fee to use the property.
The incident at issue in Harris occurred on November 10, 2012. On that day, a family, which included a young child, attended a youth football game at Garden City Stadium, a recreational facility owned and maintained by the City of Garden City. The entrance gate of the facility—at which there was a no-trespassing sign posted—was located next to a ticket booth. The admittance fee structure was as follows. Spectators under the age of six were not charged a fee, children older than six were charged $1, and adults were charged $2. The parents paid the applicable admittance fees for themselves and their children older than six. Their young daughter, however, was under the age of six and therefore was not charged a fee. During the game, the young daughter and her siblings left the bleachers where they had been seated with their parents to procure goods from the concession stand. While returning to the seats, the young child slipped and fell through a space between the bleachers and landed on the ground below. As a result of the fall, she sustained various injuries.