Recently, the Court of Appeals of Georgia issued a written opinion in an important Georgia premises liability case discussing the applicability of the state’s Recreational Property Act (RPA) to a slip-and-fall case arising out of an accident occurring at a free concert put on by a local university. The court ultimately determined that the RPA did not shield the university from liability because, although entry to the concert was free, the university may have been furthering its economic interests in putting on the concert.
Georgia’s Recreational Property Act grants immunity to landowners who open their land for recreational purposes to the general public. In order to qualify for this immunity, a landowner must not charge a fee or receive an economic benefit for the use of their land. The stated purpose of the statute is to encourage landowners to open up their land to the public without fear of incurring financial liability should an accident occur.
The Facts of the Case
A woman was attending a free “Second Sunday” concert at a local park that was put on by a university. The park was owned by the local government, but the university had permission to use the park for the concert event. There were vendors at the concert who sold food, drink, and merchandise, but none of them paid the university. However, in a grant proposal, the university did note that its “community economic development resources” could potentially be monetized, resulting in “potential for additional revenue streams for the university.”