Georgia Supreme Court Clarifies Fact Analysis to be Applied Under Recreational Property Act

Stofer’s family sued after she suffered fatal injuries while attending a free concert which Mercer University hosted at a public park. Mercer University v. Stofer, S18G1022 (6/24/2019). The Recreational Property Act (“the Act”) shields from liability a property owner “who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes[.]” OCGA § 51-3-23. The parties had differed on whether the immunity under the Act applied due to factors such as commercial benefit and marketing reasons for the event, as opposed to a truly “recreational purpose.” The trial court concluded, and the Court of Appeals agreed, that the defendant was not

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