Title 27, Chapter 4, Section 282
( 27-4-282)
(a) Except as provided in subsection (b) of this Code section, the
owner or operator of any fishing location, or any other person,
corporation, group, partnership, or other entity, shall not be
liable for an injury to or the death of a participant resulting from
the inherent risks of fishing, including but not limited to
drowning, and, except as provided in subsection (b) of this Code
section, no participant or participant's representative shall make
any claim against, maintain an action against, or recover from an
owner or operator, or any other person or entity for injury, loss,
damage, or death of the participant resulting from any of the
inherent risks of fishing. (b) Nothing in subsection (a) of this Code section shall prevent or
limit the liability of an owner or operator or any other person or
entity if the owner or operator: (1) Owns, leases, rents, or otherwise is in lawful possession and
control of the land or facilities upon which the participant
sustained injuries because of a dangerous latent condition which
was known or should have been known to the owner or operator and
for which signs warning of the latent defect have not been
conspicuously posted; (2) Commits an act or omission that constitutes willful or wanton
disregard for the safety of the participant, and that act or
omission caused the injury; or (3) Intentionally injures the participant. (c) Nothing in subsection (a) of this Code section shall prevent or
limit the liability of an owner or operator under liability
provisions as set forth in the products liability laws. |