A hunter went out on a piece of rural property and fell down a well and died and then his family tried to sue the land owner because of the hidden well. The Court of Appeals took a hard look at the immunity for hunting statute and rendered an opinion that squarely rebuffs any attempts like this. The Court of Appeals of Georgia issued the opinion in a Georgia premises liability lawsuit discussing the applicability of the state’s recreational-use statute to the plaintiff’s case. The court ultimately held that the defendant landowner was entitled to immunity because the plaintiff’s husband was on his land for the purposes of hunting, which was covered under the recreational-use statute.
The Recreational-Use Statute
Under OCGA § 51-3-20 and OCGA § 27-3-1 (e), a landowner who “gives permission to another person to hunt, fish, or take wildlife upon the land with or without charge” “may not be held liable for personal injuries resulting from unsafe or defective conditions existing on the premises.”
The Facts of the Case
The defendant leased land to another man who planned on starting up a hunting club. The lease limited the hunting club’s use of the land to hunting purposes only, and, while the lease did not name anyone else in the document itself, the lease did contemplate that there would be others entering the land to hunt.