Do you assume your golf course is legally protected because players sign waivers or because golf is an “at your own risk” sport?
Or are you quietly wondering what would actually happen if someone were seriously injured on your property?
If you own or manage a golf course in Georgia, liability law affects you more than you might think. The rules are not designed to punish operators, but they do expect you to act reasonably and proactively. In this article, you will learn how Georgia premises liability law applies to golf courses, when legal protections like assumption of risk and waivers actually work, and where many courses unknowingly expose themselves to serious claims.
The Starting Point: Ordinary Care Under Georgia Law
In Georgia, most golf course injury cases fall under premises liability law. Under O.C.G.A. § 51-3-1, if you invite someone onto your property for a lawful purpose, such as paying greens fees, you must exercise ordinary care in keeping the premises safe.
That phrase, “ordinary care,” is important.
It does not mean you must eliminate every possible danger. Golf, by nature, carries risk. But it does mean you must fix hazards you know about, inspect your property regularly, and warn about dangers that are not obvious.
And this duty goes beyond the fairways. It includes parking lots, clubhouses, cart paths, bridges, and practice areas.
Most serious claims against golf courses are not from errant golf balls. They come from cart accidents, falls, poorly maintained surfaces, or weather related incidents.
Assumption of Risk: Helpful, But Not Absolute
Many operators rely on the idea that golfers “assume the risk.” Georgia courts have supported that principle, especially in cases involving errant shots between players. In Shaw v. Thomas, the court recognized that golfers are not expected to hit perfectly straight shots and that other players assume certain inherent risks of the game.
But here is the key distinction.
Assumption of risk applies to inherent risks, not preventable negligence.
If your course design places tees too close together, or if staff ignore obvious safety concerns, that may fall outside the protection of assumption of risk. A jury will ask whether the danger was part of the game or the result of poor management.
The Waiver Myth Most Owners Believe
It is common to hear, “Everyone signs a waiver, so we are covered.”
Georgia courts do generally enforce clear and unambiguous liability waivers for ordinary negligence. But that does not mean a lawsuit cannot happen.
Waivers do not protect against gross negligence or reckless conduct. They also do not stop someone from filing a claim. They simply become part of your defense.
Here is the assumption worth challenging. A signed waiver does not prevent litigation. It may help you win, but you could still spend significant time and money defending yourself.
Often, strong documentation of inspections and maintenance does more to protect you than a waiver alone.
The Recreational Property Act: Probably Not Your Shield
Georgia’s Recreational Property Act limits liability when landowners allow free public recreational use of their property.
The problem is that most golf courses charge fees.
Once money changes hands, courts may decide the Act does not apply. If you operate a daily fee or private course, you should not assume this law shields you from ordinary negligence claims.
Lightning and Severe Weather: A Growing Area of Scrutiny
Georgia averages between 20 and 30 lightning fatalities statewide each year across all settings, according to NOAA data. Golf courses, because they are open spaces with metal equipment, present obvious exposure.
Recent litigation in Georgia has raised an important question. What is reasonable weather monitoring today?
If many courses now use lightning detection systems and alert technology, a jury may decide that failing to implement similar systems falls below ordinary care.
In other words, industry standards evolve. What was acceptable 20 years ago may not be acceptable today.
A Unique Risk for Municipal Courses
If your golf course is owned by a city or municipality, sovereign immunity may apply under Georgia law.
However, there is a twist many do not realize.
When a municipality purchases liability insurance, it can waive sovereign immunity up to the limits of that policy. That means insurance protects financially, but it can also open the door to lawsuits that might otherwise have been barred.
This is a strategic decision that should always involve both legal and insurance guidance.
What This Means for You
Georgia law does not expect perfection from golf course owners. It expects reasonableness.
If you inspect regularly, document maintenance, train staff properly, respond to weather risks, and carry appropriate insurance, you are far better positioned to defend a claim.
If you rely solely on waivers and assumption of risk, you may be overestimating your protection.
At the end of the day, one serious injury can lead to six or seven figure exposure when medical costs, legal fees, and potential verdicts are involved. Understanding how these laws apply to your specific course is not just a legal exercise. It is a business decision.
Now that you have a clearer picture of Georgia golf course liability laws, the next step is simple. Evaluate whether your current safety practices and insurance coverage truly align with the risks you face.
If you are unsure, getting a professional coverage review is a smart move. Get a quote and make sure your protection matches the real legal landscape in Georgia.
