Am I Liable If a Hunter Gets Hurt on My Land in Georgia?

Fear of a lawsuit is one of the most common reasons Georgia landowners say no when a hunter asks for permission. Georgia DNR has said as much: liability concerns are a major reason some owners stop allowing hunting access, even as the need for deer management grows.

The good news is that Georgia law was written specifically to address that fear.

The Recreational Property Act (O.C.G.A. § 51-3-20 to 51-3-26)

The Recreational Property Act states its purpose plainly: to encourage landowners to open land and water to the public for recreation by limiting their liability. Hunting and fishing are both recreational purposes under the Act.

Under the Act, a landowner who lets people use the property for recreation without charge:

• owes no duty to keep the land safe for those users, or to warn them about dangerous conditions (§ 51-3-22);
• does not promise that the property is safe for any purpose (§ 51-3-23);
• does not give those users the legal status of invited guests, which would carry a higher duty of care (§ 51-3-23); and
• is not responsible for injuries those users cause to other people or property (§ 51-3-23).

Georgia courts describe what is left as a duty of “slight care,” which is lower than the ordinary care most property owners owe visitors.

Who counts as an “owner”?

The Act defines owner broadly. It covers the person who holds title, but also a tenant, a lessee, an occupant, or anyone in control of the premises (§ 51-3-21).

Where the protection stops

There are two main exceptions in § 51-3-25:

1. Willful or malicious conduct. If an owner willfully or maliciously fails to guard against or warn about a dangerous condition, use, structure or activity, the Act does not protect them.
2. Charging admission. If the owner charges a fee to enter the land, the Act’s protection does not apply to that visitor.

The hunting-specific law: O.C.G.A. § 27-3-1

Georgia’s game and fish code adds a second layer. According to Georgia DNR, § 27-3-1 extends the same protection to landowners, people who lease land, and people who lease hunting or fishing rights when they give someone permission to hunt or fish on the property, with or without charge.

That matters for hunting leases and clubs, but it also reinforces the protection for landowners who simply say yes to a responsible hunter.

Practical steps that still make sense

The law gives landowners strong protection, but a few habits keep things clean:

• Put permission in writing, with the boundaries, dates and hours.
• Walk the hunter through known hazards like old wells, fences or steep banks.
• Require a valid Georgia hunting license and hunter education.
• Check your city and county rules on firearm discharge and archery. Many suburban areas allow archery only.

How this applies to our service

Our deer removal service is free. Because no money changes hands for hunting access, the arrangement fits squarely within the Recreational Property Act.

This article is general information, not legal advice. Talk to a Georgia attorney about your specific situation.

Sources: Georgia DNR, Landowner Liability & Hunting · O.C.G.A. § 51-3-20 (Justia) · Drew Eckl & Farnham analysis